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•THE 'l.l-(cC 

American Government 

ORGANIZATION AND OFFICIALS 

WITH THE 

DUTIES AND POWERS OF FEDERAL OFFICE 

HOLDERS 



An Original Summarization 



BY 

H. C. GAUSS 



With a Compilation of Data from Official Sources 



Nsw York, 1908 \ 
L. R. HAMERSI.Y & CO. 



Two Copies Heccivj. 

FEB 13 1 908 

I GLASS A XXc, UA 

COPY b/ 







Copyright, 1907, by 

I,. R. HAMERSLY & COMPANY, 

New York. 



PREFACE. 

In round numbers there are a half a million persons holding com- 
missions and appointments from the United States, and exercising, 
in all parts of the world, functions which cannot be exercised by a 
citizen of any State as such. The persons referred to are, however, 
the servants of every citizen of every State, and their business comes 
to be, in an increasing measure with each year, the business of every 
community and of every person in every community. 

A vague distrust that by some means the Federal Government is 
trenching upon the rights and prerogatives of the independent States 
may be created by persons who have become, properly enough, sub- 
ject to Federal control. Lest any citizens of the United States 
should be led to an unreasoning hostility to the regulation of matters 
which cannot be controlled by the individual State, it is a duty of 
citizenship, not only to read, in its original form, the Constitution of 
the United States, but to be informed as well as to the developments 
resulting from the natural growth of the Federal powers; whether 
such developments have in any sense proved to be injurious and 
wherein they have proved beneficial. As an introduction to the study 
of the very many phases of Federal activity, this compilation has the 
merit merely of assembling in a single book details of the Federal 
system of government from many and not always accessible sources. 
An accurate definition of every detail of the subject is possible only 
as a governmental work, and its accuracy would be wholly that of 
the moment, for the reason that growth and change are both con- 
stantly going on. At the same time much can and should be done 
officially in the way of digesting departmental law and regulations, 
so that Federal practice may be less of a mystery to the millions who 
are at once the sovereigns of the respective States and of the Federal 
nation. 

H. C. Gauss. 

January i, 1908. 



INDEX. 



PAOB 

Abbreviations used in Diplomatic 

and Consular Lists, table of. . 265 
Accounts against Government, aud- 
it and approval of 440 

suspension and rejection of. . 441 
Acting Secretaries, order of prece- 
dence 135 

Adjutant General's Department. . . 455 
Agriculture, Department of, bu- 
reaus in 752 

Bureau of Animal Industry.. 740 
Bureau of Biological Survey. . 753 

Bureau of Chemistry 745 

Bureau of Entomology 752 

Bureau of Plant Industry.... 755 

Bureau of Soils 754 

Bureau of Statistics 748 

development and jurisdiction 

of 738 

Ofnce of Good Roads 756 

Presidential appointments in. 712 

Publications of 757 

Solicitor of 739 

Agriculture, Secretary of, Appoint- 
ment, salary and duties 161 

Bightii in Cabinet rank 162 

Has charge of Quarantine 

matters 164 

Reports of 163 

Assistant 181 

Agricultural Experiment Stations. 163 

Air brakes on railroads 816 

Alaska, Territorial organization 

and officials 734 

Alaskan Boundary Commission... 275 

Alcohol, denatured 377 

Alien who has declared intention 
of citizenship may have pass- 
port, when 247 

Ambassadors, foreign, received by 

President 19 

Ambassadors of U. S. — see Em- 
bassadors. 
Amounts due Government Depart- 
ments, in charge of Auditors. . 441 
Animals, rules for land transpor- 
tation of 742 

ports designated for importa- 
tion of 743 

prevention of contagious dis- 
eases among 742 

quarantine against infected. . 743 
Anti-Trust Law, prosecutions un- 
der 521 

Appeals and Writs of Error in Su- 
preme Court 94 

Appointments, by president, re- 
quiring confirmation 6-12 

not requiring confirmation. .. 16-18 

during recess of Senate 15 

Appointments by Speaker 102 

by Vice-President of United 

States 101 

Appraisers, general, appointment 
and qualifications 319 



PAGE 

Appraisers of merchandise, loca- 
tions and bonds, list 361-362 

assistant, locations and bonds, 

list 362-363 

Appraisers must certify appraise- 
ment to collector _318 

Appraisement and inspection, of 

imported goods 318 

appeals from 319 

experts employed on 320 

Appraisement — see also "Reap- 

praisement." 
Architect of Treasury, Supervising 446 
Arizona, organization, personnel 

and limitations 733 

Armed forces of U. S. — President 

commander-in-chief of S 

May be used by President for 
execution of criminal laws. 18 
Army, Adjutant General's Depart- 
ment 455 

Banners of 509 

Chief of staff of 451 

Commissioned officers in dif- 
ferent grades 487 

Composition of 450 

Contract Surgeons in 463 

Dental Surgeons in 463 

Enlistments and discharges. . 515 
General Staff Corps, duties of 452 

Hospital Corps 463 

Insignia of 501 

Medical Department 462 

Non-commissioned officers, 

rank and duties 485 

Nurse corps of 463 

Organization of regiments and 

companies 488 

Pay of 490, 497 

Pay Department, organization 

and duties 465 

Peace organization 453 

President is commander-in- 
chief of 5 

Promotion and retirement of 

officers 498, 501 

Punishments in 515 

Quartermaster's Department. 459 

Schools 516 

Strength of 487 

Subsistence Department 461 

Surgeon General of 462 

War organization of 453 

See also "War Department." 

Artillery, coast and field 453 

Assayer, of Assay Office, New 
York, ex-olHcio member of Com- 
mission to Examine and Test 

Coins 434 

Assistant Secretaries of Depart- 
ments and their duties (see also 
the various Departments) . . .134, 167 
Assistant treasurers of the United 
States 420 



INDEX. 



PAGE 

Associate Justices — see "Supreme 

Court." 
AttachSs, military and naval, of 
embassies or legations, duties, 

rank, etc 271 

Attaches, civilian, prohibited..... 271 
Attorney - General, appointment, 

salary and duties 147 

Fourth in Cabinet 147 

Legal adviser of President 

and heads of departments. . 147 
Argues more important mat- 
ters in Supreme Court. ... 520 

Official visit to President 98 

Opinions of, their force 147 

Passes on titles to land pur- 
chased by Government 534 

Attorney General, Assistant to the, 

appointment, salary and duties. 521 
Attorney General, Assistant, ap- 
pointment, salaries and duties. . 524 
Attorney General, Assistants in 
Court of Claims, Indian depre- 
dations, Spanish Treaty, Claims 

Commission 525 

Attorneys, Assistant, in Depart- 
ment of Justice, salaries and 

duties 524 

Attorneys, Special Assistant (De- 
partment of Justice) 523 

Attorneys, District — see United 

States Attorneys. 
Auditing officers of Government. . 851 
Auditing expenses of Govern- 
ment officials and employes 852 

sample expense account 853 

Auditor for Post Office Depart- 
ment, mail route contracts to be 

certified to 616 

Auditors of the Treasury, six. ... 438 
Apnointment, salaries and du- 
ties 440 

Appeal from to Comptroller of 

the Treasury 441 

Bailiffs in United States Courts.. 551 

Bank examiners 427 

Bank plates and paper, how guard- 
ed 429 

Bankruptcy, referees in, duties 

and fees 240 

trustees in, duties and fees. ... 241 
Bill of Health, given by U. S. Con- 
sul 416 

Bills, their course through Senate 

and House 51;„J^1'^ 

Board of Visitors to Military'"^ 
Academy, appointed by Vice- 
President and Speaker 101, 102 

Board of Visitors to Naval Acad- 
emy, appointed by Vice-Presi- 
dent and Speaker 101, 102 

Board on Construction, organiza- 
tion and duties 644 

Bond, Transportation in 312 

Bond issues, prepared under direc- 
tion of Register of Treasury. ... 423 
proceeds paid to Treasurer. . 423 
Bonded warehouses (customs), 

withdrawal of goods from 321 

can be opened, when 321' 

List of ports where established 327 



PAGE 

Bonded warehouses in revenue dis- 
tricts 374 

Bookkeeping and Warrants, Divis- 
ion of 444 

/Botanic Garden — under jurisdic- 
' tion of Congress 130 

Bottling in bond 372 

Bureau of Accounts (State Depart- 
ments) 244 

Bureau of American Republics, In- 
ternational 866 

Bureau of Animal Industry (De- 
partment of Agriculture) 740 

Bureau of Appointments (State De- 
partment) 244 

Bureau of Biological Survey (De- 
partment of Agriculture) 753 

Bureau of Census (Department of 
Commerce and Labor) 782 

Bureau of Chemistry (Department 
of Agriculture) 745 

Bureau of Citizenship (State De- 
partment) 245 

Bureau of Construction and Repair 
(Navy Department) 631 

Bureau, Consular (State Depart- 
ment) 243 

Bureau of Corporations (Depart- 
ment of Commerce and La- 
bor) 165, 773 

Bureau, Diplomatic (State Depart- 
ment) 243 

Bureau of Engraving and Printing 
(Treasury Department) 428 

Bureau of Entomology (Depart- 
ment of Agriculture) '. 752 

Bureau of Equipment (Navy De- 
partment) 639 / 

Bureau of Fisheries (Department 
of Commerce and Labor) 793 

Bureau of Immigration and Natur- 
alization (Department of Com- 
merce and Labor) 166, 803 

Bureau of Indexes and Archives 
(State Department) 244 

Bureau of Labor (Department of 

Commerce and Labor) 775 

Publications of 766 

Bureau of Manufactures (Depart- 
ment of Commerce and Labor) . . 773 

Bureau of Medicine and Surgery 
(Navy Department) 664 

Bureaus of Navy Department 630 

Bureau of Navigation (Department 
of Commerce and Labor) 796 

Bureau of Navigation (Navy De- 
partment) 643 

Chief of, is Chief of Staff to 
Secretary of Navy 644 

Bureau of Ordnance (Navy De- 
partment) 634 

Bureau of Plant Industry (Depart- 
ment of Agriculture) 755 

Introduction of new agricul- 
tural products by 756 

Bureau of Rolls (State Depart- 
ment) 245 

Bureau of Soils (Department of 

Agriculture) 754 

j^ Bureau of Standards 809 

■ Advisory and Inspecting Visit- 
ing Committee 811 



INDEX. 



PAGE 

Rules for verification of ap- 
paratus 810 

Bureau of Steam Engineering 

(Navy Department) 634 

Bureau of Statistics (Department 

of Agriculture) 748 

Crop information 748 

Foreign crops reported by- 
consuls to 748 

Publications 748 

Bureau of Steam Inspection (De- 
partment of Commerce and La- 
bor) 792 

Bureau of Supplies and Accounts 

(Navy Department) 667 

Bureau of Trade Relations (State 

Department) 249 

Bureau of Yards and Docks (Navy 

Department) 671 

Butter renovating establishments, 
supervised by Bureau of Animal 

Industry 744 

Cabinet directed by President.... 23 
Cabinet Departments, administered 
by Secretaries under control of 

President 23 

California Debris Commission.... 838 

Canal Zone, Governor of 835 

Capitol police 125 

Capitol, superintendent of 124 

Captain of vessel — see "Master of 
Vessel." 

Cargo, time for unlading 317 

-Census Bureau 782 

Director of, appointment, sal- 
ary and duties 784 

Enumerators of 785 

Special agents of 784 

Special, of Indian Territory 

and Oklahoma 786 

Supervisors of 784 

Chaplains, Army 

Chaplains, Navy 670 

Chaplains of House and Senate. . 115 
Chief Clerk of Treasury Depart- 
ment 448 

Chief of Engineers of Army 465 

Chief Justice — see Supreme Court. 
Chief Justice of Supreme Court, 
presides in cases of Impeach- 
ment of President 36 

Chiefs of Bureaus, their appoint- 
ment and duties— see under each 
Bureau. 
Child born abroad becomes citizen 

by father's naturalization 247 

Chinese Exclusion 805 

Cigars and tobacco, revenue pro- 
vision concerning 374 

Circuit Courts of United States, 

places and terms of 216 

Jurisdiction of 204 

Circviit Court of Appeals, organiza- 
tion and jurisdiction ~ 227 

Times and places of holding. . 229 
Circuit Judges, important functions 

of 204 

Civil rights, jurisdiction 211 

Civil rights, restoration of after 

imprisonment 532 

Civil Service Appointments ..841, 845 
defects which debar from . . 842 



PAGE 

Positions exempted from clas- 
sification 823 

y Civil Service Commission em- 
^ ployes and appropriation for.. 820 
Civil Service Commissioners, ap- 
pointment, salaries and duties. 818 
Civil Service Examinations, place 

and requirements of 819 

qualifications of applicants. . 821 
for Insular Government Posi- 
tions in Philippines 821 

Examinations of Midshipmen 
for Navy, and for Revenue 

Cutter service 821 

Civil Service persons may be re- 
moved by President 19 

Civil Service, persons, minimum 

and maximum salaries 846 

Districts 821 

Preference to disabled Army 
and Navy Veterans in.. 820, 826 

Promotions in 649 

Rules of 19, 843 

Register of unskilled and un- 
classified laborers 821 

Salary classification in 822 

Separation from 852 

Transfer of Employes 848 

Civil War Pensions 707-710 

Clerk at Speaker's Table, expert 

on rules of House 117 

Clerk of House 110 

Clerks of Committees of House 

and Senate 120 

Clerks, Government 839 

Coast and Geodetic Survey (De- 
partment of Commerce and La- 
bor) 18, 787 

Superintendent of, appoint- 
ment, salary and duties... 788 
Coins reserved for examination 

and test 434 

Coins, Secretary of Treasury di- 
rective officer in production of . . 143 
Also see "Mint." 
Coinage, gold standard for, estab- 
lished 431 

based on gold dollar as unit. 431 
proceedings from bullion to 

coin 433 

Silver, only subsidiary 432 

Coiner of Mint 433 

Collector of Customs — see "Cus- 
toms." 
Collector of Internal Revenue — see 

"Internal Revenue." 
Commander-in-Chief of Army and 
Navy, President is 5 

/Commerce and Labor, Depart- 
ment of 165, 773 

Bureau of Corporations ..165, 773 
Bureau of Immigration and 

Naturalization 166, 803 

Bureau of Labor 775 

Bureau of Manufacturers.... 773 

Bureau of Navigation 796 

Bureau of Statistics 788 

Bureau of Steam Inspection.. 792 
Presidential appointments in 11, 17 
Assistant Secretary of 182 



INDEX. 



PAGE 

Commerce and Labor, Secretary of 164 
has direct control of salmon 

and seal fisheries 166 

Commerce between the States — 
latitude of legislation concern- 
ing 27 

Commissioner of Corporations.... 773 
Commissioner of Education (De- 
partment of Interior) 158 

Commissioner of General Land 

Office 158 

Commissioner of Internal Revenue 366 

Commissioner of Navigation 796 

Commissioner of Labor 775 

Commissioner of Pensions ....... 157 

Commissioners of the District of 

Columbia 8'76 

Commissioners, United States 236 

Commissioner General of Immigra- 
tion and Naturalization 804 

Commissions produced by Bureau 

of Engraving and Printing 428 

.Commissions, not assigned to any 
main Department under direction 

of President 24 

Commissions (Administrative) un- 
der the American Government. . 812 
Committees of House of Represen- 
tatives 55 

Committees of Senate (standing 

and select) 37 

Employes of, list and salaries. 121 
Compounding and rectifying li- 
quors 372 

Comptroller of the Currency. .142, 425 
Appointed for five-year term. . 426 
Ex-ofiicio member Commission 

to examine and test coins.. 434 
In charge of Currency issues 
and National Bank Circula- 
tion ., 425 

Statement of, annual 427 

Takes charge of Insolvent 

banks 427 

Comptroller of the Treasury 442 

Confirmation of Presidential ap- 
pointees by Senate 33 

Confirmation of Treaties by Sen- 
ate 

Congress counts the Electoral 

vote, how 21 

Has exclusive control of Dis- 
trict of Columbia 57 

May choose time of appointing 

Presidential electors 20 

Members may not practice be- 
fore Court of Claims 230 

Powers liberally construed by 

Courts 27 

Sessions, dates of beginning 
and ending from foundation 

of Government 39 

Sessions, long and short 28 

Subordinate officials, how 

chosen 109 

See also "Senate" and "House 
of Representatives." 
Congressional Districts, list of, 

with boundaries 55-83 

Constitution of the United States, 
proposing amendments to 53 



PAGE 
Consular Bureau (State Depart- 
ment) 243 

Consular Clerks, appointment, du- 
ties and salaries 301 

Consular Courts, organization, pro- 
cedure, sentences and appeals. . 260 

Consular fees, tariff of 306 

Consular officers, depositions before 
and procedure in case of crime 

on high seas 293 

Consular officers, diplomatic repre- 
sentatives have general super- 
vision over 262 

Diplomatic officers may per- 
form duties when 262 

Duties in extradition cases. . . 297 

Duties in regard to citizens 
not seafaring men 286 

Duties in relation to shipping 
and seamen of merchant 
marine 286 

Duties under Chinese Exclu- 
sion Act 294 

Entitled to salute from naval 
vessel, when 285 

Gifts not to be accepted with- 
out consent of Congress. . . . 297 

Have charge as custodians of 
property of citizens which 
has been wrecked 292 

Invoice of goods shipped to 
U. S. authenticated by 299 

Judicial power of 298 

Marriages solemnized in pres- 
ence of, effect of 290 

May appoint associates to try 
case, when 299 

May become custodian of con- 
sular duties of foreign na- 
tion, when 256, 286 

May request services of Navy. 285 

Must give bonds 280 

Not to become endorsers for 
citizen 299 

Privilege and protection of. . . 283 

Protection of native subordi- 
nates 286 

Rank and precedence 284 

Rent of offices 281 

Rights under "favored nation" 
clause of treaties 285 

Reports of 297 

Supervise sales and transfers 
of vessels 293 

To administer estates of citi- 
zens dying abroad or on 
high seas, when 295 

To give bill of health to ves- 
sels 294 

To prevent transportation of 
improper and excluded 
classes to United States. . . . 294 

To visit vessel of Navy on 
invitation of commanding 
officer 285 

Use of dispatch bags by 257 

Verification of powers of at- 
torney and pension vouchers 
by 297 

Wearing of uniforms by 297 

Consular officers, subordinate 300 



INDEX. 



PAGE 

Consular agents 300 

Deputy consuls 300 

Vice-Consuls 300 

Consular service, grades of 277 

supervision of 18, 30u 

Consular Service, promotions and 

examinations 278 

Consular stamps 280 

Consulates, classification and sala- 
ries 304 

Consuls, appointed by examination 

above 8th and 9th grades 278 

Appointed by promotion 278 

Bonds of 280 

Certification of invoices by... 317 
Exequatur procured through 

diplomatic officer 281 

Qualifications, examinations 

and compensation 279 

Must turn in fees to Treasury. 307 
Consuls-general at large, appoint- 
ment, duties and salary 302 

Consuls-general, classification and 

salaries 303 

duties in addition to ordinary 

duties of consuls 277 

how appointed and promoted.. 277 
may make trips of inspection. 277 

Contracts, postal 609 

Copyright, general provisions in 

relation to 129 

Copyright fees 130 

Copyright office 127 

Corps of Engineers 465 

Counterfeiting, detection and pre- 
vention of, in charge of Secret 

Service 438 

Couriers and bearers of dispatches, 

privileges and immunities 254 

Court of Claims 869 

Chief justice and judges of. . 231 

Organization and jurisdiction. 230 

Courts — see "Supreme Court," 

"Circuit Court," "Inferior 

Courts," "United States Court 

for China," "District Courts," etc. 

Court dress, diplomatic officers 

may wear 255 

Criers in United States Courts. . . . 551 
Currency notes, redeemed or dam- 
aged, how destroyed 422 

Customs, Collector of. how ap- 
pointed, terms and duties 313 

Customs, Collector of, may make 
special arrangements with regu- 
lar packet line 316 

may order reappraisement of 

goods 319 

permit of, to unload vessel or 
to enter other than port of 

entry 315 

redelivers manifest of cargo, 

when 316 

ports, boards and compensa- 
tion 341 

Customs collections, cost of 314 

Customs, deputy collectors of, how 

appointed 314 

Customs districts 312 

list of 325 

Customs duties, where collected. . . 312 



PAGB 

Customs, Inspectors of 323 

Customs, Naval officers of 355 

309 
Customs officers must account to 

treasury 315 

Customs Service, Drawbacks for 
goods re-exported from bonded 

warehouse 321 

Dutiable goods, weighing and 

measuring 317 

Gangers in 324 

General appraisers 319 

Ports where custom-house 
premises are used for stor- 
age of imported goods in 

bond 338 

Re-exportation of goods from 

public or bonded warehouses 321 
Sale of goods, for non-payment 
of duties and charges, from 
public or bonded warehouses 321 
Secretary of Treasury is head 

of 139 

Special agents in 324 

"Weighers in 324 

Customs, Solicitor of, at New York 320 

Surveyor of, duties of 323 

Surveyors of, location, bonds 

and salaries 356 

Dead Letters, how disposed of . . . . 626 
Depositary offices for receipts of 

post-ofBces 613 

• Department of Agriculture — see 
"Agriculture, Department of." 
Department of Commerce and La- 
bor — see "Commerce and Labor, 
Department of." 
Department of the Interior — see 

"Interior, Department of." 
Department of Justice — see "Jus- 
tice, Department of." 
Department, Secretaries of, are al- 
lov/ed carriages and appurte- 
nances 168 

Diplomatic Bureau (State Depart- 
ment) 243 

Diplomatic officers, appellate juris- 
diction over consular courts. ... 261 
class sent to each nation, how 

determined 250 

cannot accept gifts 255 

communications and corre- 
spondents 256 

Court dress may be worn by.. 255 
Criminal jurisdiction of, in 

certain countries 260 

do not use open mails 257 

duties of 252 

duties in connection with 
claims against foreign gov- 
ernments 261 

duties in extradition cases. . . . 264 
duties in relation to maritime 

affairs 251 

duties in relation to treaties, 
agreements and understand- 
ings 263 

free entry for goods of 251 

formal communications to for- 
eign governments must be in 
English 255 



INDEX. 



PAGE 

grades of 250 

immunity of 251 

immunity does not extend fully 
to natives of country where 

located 253 

. issuance of passports by 258 

leave of absence 273 

letters directed to his care. ... 258 
may represent foreign nation 

in a case of w^ar 259 

must be persona grata 251 

must not correspond with 

newspapers or magazines. . 255 
must not endorse bills or be- 
come pecuniarily responsible 

for American citizens 262 

procure exequaturs for con- 
suls 262 

protection to American citizens 

by 258 

public speeches by 255 

ranks and salary, list of 265 

recalled when become obnoxi- 
ous to country where lo- 
cated 251 

resignation or recall of 273 

reticence required of 255 

safe conduct to frontier in case 

of war 274 

servants of, entitled to immu- 
nity 251 

subordinate 271 

war does not always terminate 

office 274 

wearing of uniforms by 254 

Director of the Mint 429 

Disbursing officers furnished with 

funds, how and when 421 

Discrimination in freight and pas- 
senger rates 

Dispatch bags, official, used by dip- 
lomatic officers 257 

consular officers may use 297 

Dispatches diplomatic, bearers of, 
compensation and special pass- 
port for 257 

Distillation, restrictions on business 369 

Distillation of fruits 369 

Distillers must provide warehouses 370 

Distress signals 799 

District of Columbia, Congress has 
sole legislative control over. ... 51 

Commissioners of 870 

School Board of 870 

District Courts, jurisdiction 187 

Places and terms of, list. .216, 226 
District judge appoints United 

States Commissioners 189 

District judge may act as circuit 
judge or in Circuit Court of Ap- 
peals, when 192 

Must reside in his district 66 188 

Salary of 187 

Districts, Congressional, List of, 

with boundaries 55-83 

Division of Bookkeeping and "War- 
rants (Treasury Department) ... 444 
Divisions in Post Office Department 

— see Post Office Department. 
Domestic Manufactures, taxes on 
which are a source of revenue.. 309 



PAGE 

Documents, Public, how distributed 
and sold 861 

Superintendent of 860 

Duties on imports a main source of 

National revenue 309 

Hov,f paid 313 

Education, in charge of the Secre- 
tary of the Interior 158 

Education, Commissioner of 729 

Education, Department of — see In- 
terior Department. 

Election of the President 19-24 

Electoral Count, Declared by Pres- 
ident of Senate 22 

Disputes about, how settled. . 21 

Witnessed by Congress 21 

Electors, presidential, Election of, 

how certified 20 

No Senator, Representative or 

otiier Federal officer can be. 20 
Number, how fixed, how and 
when chosen, and qualifica- 
tions 20 

Vacancy in list, how filled. ... 20 

When they vote 20 

Embassadors, extraordinary and 
plenipotentiary, rank and func- 
tions 250 

Embassy, right of asylum in Amer- 
ican 253 

clerks of and native assistants 

in 272 

marriages in • 261 

Embassy, Secretary of, appoint- 
ment, examination and duties. . 270 
Second Secretary of, duties... 271 

Student interpreters 272 

Engineers, chief of (War Depart- 
ment), appointment and duties. . 465 
Engineers, Corps of, military and 

civil duties 465 

Engineer officers appointed from 

West Point 434 

Engraver for the Mints, duties of.. 466 
Engraving and Printing, Bureau of 428 
Produces all bonds and notes 
of U. S. pension certificates, 
bank certificates, commis- 
sions, disbursing officers' 
checks, portraits, etc., post- 
age, customs and revenue 

stamps 428 

Manufactory maintained by 

Government 428 

Engraving and Printing, Director 

of, appointment and salary 428 

Envoys Extraordinary and Minis- 
ters Plenipotentiary, rank and 

functions 250' 

Examiner of Titles to real estate 

acquired by Government 534 

Examination of deck officers and 

engineers of steam vessels 792 

Examinations, Civil Service 819 

Exclusion of Chinese 805 

Exclusion of Undesirable Immi- 
grants 803 

Expatriation of American citizens 246 
Expenses of Post Office Depart- 
ment, how met 612: 



INDEX. 



' PAGE 

Experiment Stations, Office of, 

scope and functions 749 

Federal judicial districts, how di- 
vided 188 

Fees, consular 306 

Copyright 130 

Marshal's 548 

Patent Office 720 

Register in Bankruptcy 240 

Supreme Court Clerk 99 

Filled cheese, internal revenue pro- 
visions concerning 375 

I"'lag forecasts 763 

Flour, mixed, internal revenue pro- 
visions concerning 375 

Fog signals 777, 798 

Folding Room of House and Senate 114 
Foods, adulterated and misbranded, 

rules and procedure against. ... 745 
Foreign Governments communicat- 
ed with directly by President or 

through Secretary of State 19 

Foreign mails governed by Con- 
vention 598 

Foreign money at mint 436 

Forecasts and warnings issued by 

Weather Bureau 764 

Forecast centres, list of . . . ,. 765 

Forest reservations 751 

Forest service, scope and personnel 

of 751 

Fortifications and defenses built 

by Corps of Engineers 

Franked mail matter 624 

Franking privilege, who has 624 

Free delivery of mail 582 

Free delivery, rural 624 

Gangers in Customs Service 324 

Gaugers in Internal Revenue Ser- 
vice 364 

Assigned to each registered 

distillery 368 

General Appraisers, how appointed 

and qualifications 319 

General Land Office, in charge of 

Secretary of Interior 157 

Assistant Commissioner and 

Recorder of 693 

Commissioner of 158, 693 

Clerk of, signs President's 

name to patents 694 

General Welfare clause of Consti- 
tution, hov,' construed 27, 28 

Geological Survey 726 

director of, appointment sal- 
ary and duties 726 

economic and scientific value 

of work 728 

employes selected exclusively 
for qualifications as profes- 
sional experts 726 

Reclamation service 728 

under Secretary of the Interior 159 

Gerrymanders 46 

Gold bullion of standard fineness 

coined without charge 435 

Gold deposited for coins at mints 

and assay offices 432 

Gold Standard for coinage estab- 
lished 431 

Good Roads, Office of (Depart- 



PAGB 

ment of Agriculture) 756 

Government, its general policies 

framed by Congress 23 

Governmental System of the United 

States 1 

Government clerks, appointment of 

839, 841 
correspondence and indexing 

by 851 

distribution of 840 

grades and salaries 849 

holidays and vacations 854 

hours and extra hours 854 

prospects of promotion and re- 
tirement 855 

Hague Tribunal 275 

Hawaii, organization and officials 

of Territorial Government 735 

Health, bill of, given by U. S. 

Consul 416 

Health, inspection card given to 

steerage passengers 416 

Homesteads on public lands, regu- 
lations for entry and acquire- 
ment 695-698 

Hospital Corps (Army) organiza- 
tion 463 

School of Instruction for. . . . 463 
Hospitals, Naval, of United States 666 
House documents, how distributed. 114 
House of Representatives, absence 

of members 46 

Adjournments of 117 

Appointive power of members. 52 
Basis and apportionment of 

members in 415 

Clerk of election salary, and 

duties 110 

Clerk calls roll on election of 

Speaker Ill 

Clerk holds over from previ- 
ous Congress Ill 

Clerk of is paymaster of 

house employes 112 

Clprk at Speaker's table 117 

Committees ,' . . . 55 

Constitutional Powers of and 

iiow exercised 49 

Doorkeeper of 113 

Employes of, list and salaries 122 

Enrolling Clerk of, duties 112 

File Clerk of, duties 112 

Foreign relations, its share in. 51 
Impeachment is in sole power . 

of 46 

Journal clerks, duties 112 

Members exempt from arrest. 48 
Members may be punished or 

expelled 46 

Meinbers' privilege of recom- 
mendation of Federal of- 
ficers 5 

Members' qualifications 44 

Mileage, compensation and al- 
lowances of members 47 

Pair clerk, duties 118 

Privileges and prerogatives of 

members 48 

Proceedings reported, how. . . 116 
Proceedings of legislative day 
in 116 



INDEX. 



FAOB 

Reading clerks, duties 112 

Reporters of 116 

Representation of State may 

be reduced, when 44 

Revenue bills must originate 

in 35, 48 

Rule clerk, duties 117 

Rules and preliminary pro- 
cedures 117 

House of Representatives, Ser- 
geant -at- Arms of 112 

Speaker of, how chosen 48 

Vacancies in, how filled 46 

Vote of, how taken 117 

Who may vote for members of. 44 
Hydrographic Office and its publi- 
cations 641 

Illegal distilling 368, 376 

Immigrants, Exclusion of Undesir- 
able 803 

Impeachment, charges presented by 

House of Representatives 36 

Chief Justice presides at im- 
peachment of President 36 

Grounds for 46 

List of cases and results 43 

Procedure in cases of 30, 46 

Senators sit as judges in cases 

of 46 

Vice-president of United States 
presides, except in case 

against President 100 

Income of United States, main 

Sources of 309 

Indian Affairs, Commissioner of, 

appointment and duties 715 

Indian Agencies 715 

.Indian Commissioners, Board of. . 716 

Indians, Government in relation to. 713 

Payments to 716 

Lands of 718 

Sale of liquor to, prohibited. . 717 
Inferior Courts, duties and juris- 
diction 183 

Injunctions in Federal Courts 185 

Inspection of boilers and appur- 
tenances of steam vessels 792 

Inspection Service, Steamboat. ... 789 

Inspector General's Department. . . 457,.; 

.Interior, Department of the 692 

Assistant Attorney General 

for 528 

Assistant Secretary of 180 

First Assistant Secretary of. . 178 

General Land Office in 693 

Presidential appointments in 10, 17 

Interior, Secretary of 156 

Guardian of financial affairs of 

Indians 158 

Has supervision of operation of 
laws relating to pensions, 
public lands and surveys and 

Indian affairs 157 

Has supervision of Government 

assisted colleges 160 

Has general supervision of 

Territorial Governments. ... 161 
Internal Revenue, cases in Federal 

Courts 367 

chief sources of 367 



PAaa 
collection of taxes, how en- 
forced 364 

collectors, appointment, bonds 
and duties 363 

collectors must make monthly 

statements 368 

collectors, locations, bonds and 

salaries, list of 382 

districts, list of 382 

districts, may be consolidated. 363 
licenses, to whom issued. ... 367 
provisions concerning filled 

cheese and mixed flour. . . . 375 
provisions concerning eleo- 

margarine 375 

provisions concerning smok- 
ing opium 374 

service, subordinate officers of. 364 

Stamp taxes 367 

Storel^eepers and their du- 
ties 364, 369 

Storekeepers assigned to each 

distillery 368 

Internal revenue tax on liquor, how 

computed 369 

taxation, articles subject to.. 379 
taxation, occupations subject 

to 378 

Internal Revenue, Commissioner of, 
Court of Appeal on internal rev- 
enue assessments and collections. 366 
has cliarge of real estate held 
as security for internal rev- 
enue taxes 366 

Interpreters, student, in embassies 

and legations 272, 301 

qualifications and examina- 
tions of 278, 279 

Interpreters to Consuls 301 

Internal Boards and Commissions. 275 
International Institute of Agricul- 
ture 275 

International Lake Levels Commis- 
sion 275 

International Prison Commission. 275 
Interstate Commerce, not fully de- 
fined 813 

,r Interstate Commerce Commission, 
its membership, terms, qualifica- 
tions and compensation 813 

jurisdiction and powers 814 

chairman of, hov/ selected. . . . 817 
duties under Arbitration Act. . 817 
jurisdiction over telegraph 

lines 817 

Interstate Commerce Law, provis- 
ions of 814 

Long and short haul clause of 816 
.. Isthmian Canal Comniission, quali- 
fication, salaries and status of 

members 834 

Chief Engineer, powers and 

duties 835 

Governor of Canal Zone 835 

Secretary of 835 

Judge of U. S. District Court for 
the Eastern District of Pennsyl- 
vania is ex-offlcio member of 
Commission to Examine and Test 
Coins 434 



INDEX. 



PAGE 

Judge Advocate General (Navy 

Department) 629 

Judge Advocate General (War 

Department) 457 

Judge Advocates, duties of 458 

appointed by President, with 
confirmation by Senate .... 9 
Judges, take oath of impartiality. 148 
removal only by impeach- 
ment 19, 184 

salary for life, when 184 

writs issued by 184 

Judicial Districts, Federal, how 

divided 188 

list and boundaries 192, 203 

Judiciary of the United States 183 

See also "Supreme Court." 
Jurisdiction of lower Courts of the 

United States 208 

Jurors in United States Courts, 

qualifications and pay 550 

Jury Commissioners in United 

States, pay of 552 

Justice, Department of (see also 

"Attorney General") 147 

Development and present func- 
tions 519 

Docket Clerk of 539 

Passes on titles to sites for 

public buildings 446 

Lake Surveys, made by Corps of 

Engineers 466 

Land districts, how established... 700 
Land office, register and receivers, 

duties and fees 698 

See also General Land Office. 

Lands, arid, reclamation of 702 

Government irrigation of 702 

Land grants to railroads and 

States 704 

Lands, public, patenting of by 

United States 694 

prices of 703 

"Sooners" and their methods 

in procuring 703 

Survey of in west 694 

Surveyors general, their duties 695 
Legation, American, right of asy- 
lum in 253 

marriages in 261 

Legation, clerks of 272 

Native assistants in 272 

Secretary and second secretary 

of 271 

Secretary of acts as chargg 

d'affaires, when 271 

Student interpreters 272 

Legislative day, proceedings of in 

House and Senate 116 

Letters of soldiers and sailors 

transmitted without prepayment. 624 
Librarian of Congress, appoint- 
ment, salary and duties 126 

-Library of Congress 125, 130 

Life-saving Service, board on life- 
saving appliances 413 

District and assistant district 

superintendents 408 

districts of 407 

districts of, section divisions. 411 
Superintendent of 407 



PAGB 

Supervisory board of 408 

Surfmen, appointment, exam- 
ination and duties 410, 412 

Life Saving Stations, Keepers of. . 409 
Superintendents of construc- 
tion of 413 

Lightliouse Board, its personnel 

and functions 776 

meetings of 777 

Lighthouse Districts, administra- 
tion of 779 

list and boundaries 778 

Lighthouse keepers and assistants, 

duties and uniforms 788 

Lighthouses, classification of lights. 781 

Liglit vessels on shoals ". . . 781 

Lights on steam and sailing vessels 797 
Mail matter, alphabetical classifi- 
cation of 619 

classification and rates of 

postage 615 

fraudulent, how disposed of. . 622 

free 624 

second class, paid in lump 

sum 623 

third class, paid in lump sum, 

when 623 

Mails, cost of carrying 590 

Mail route contracts to be certified 
to Auditor for Post Office De- 
partment 610 

Malt beverages, revenue provisions 

concerning 373 

Marine Band 686 

Marine Corps, United States 684 

Discipline, maintenance and 

duties of 688 

Examinations of 685 

Officers appointed from Naval 

Academy or civil life 685 

Line officers of 685 

Pay table of enlisted men. . . 677 
Promotion of non-commission- 
ed officers in 686 

Staff officers of 685 

Stations and duty of marines. 689 
Marine Hospitals, admission to. . . 415 
established at various points. 414 
free treatment in to seamen of 

American Merchant Marine. 415 
foreign seaman charged for 

treatment in 415 

Marine Hospital Service ; see Pub- 
lic Health and Marine Hospital 
Service. 
Master of vessels, bond for delivery 

of balance of cargo 316 

Report of 316 

licenses of 792 

Statement and certified invoice 
to be sent to collector by. . . 313 
Masters of merchant vessels en- 
gaging seamen abroad must pro- 
cure consul's sanction 287 

must procure consul's sanction 
to discharge seaman in for- 
eign port 287 

must deposit register and 
ship's papers with consul... 286 
Marshal of Supreme Court 97 



INDEX. 



PAOB 
Marshals of Consular Courts, ap- 
pointment, duties and salaries.. 301 
Marslials, United States, appoint- 
ment, bond and duties 542 

Chief office deputies 546 

deputies of 546 

Expenses of 547 

extraordinary expenditures by. 553 

fee list 548 

field deputy 546 

principal disbursing officer of 

U. t?. Courts 550 

salaries of 543 

service of processes by 547 

Temporary, how appointed. . . 545 
Measurement and registration of 

vessels 796 

Medical Corps of Army, examina- 
tion and admission to 463' 

duties and work of 464 

Medical officers of U. S. at foreign 

infected ports, duties of 416 

.Mexican Water Boundary Commis- 
sion 275 

Militia of States, organized 

strength of 489 

President is commander-in- 
chief of, when 5 

Provided by Quartermaster's 
General's Department with 
clothing and equipment, 

when 460 

Military Academy, United States, 
see under "United States Mili- 
tary Academy." 
Ministers, foreign, received by 

President 19 

Minister plenipotentiary, rank and 

functions of 250 

Ministers resident, rank and func- 
tions 250 

may also be consul general. . . 252 
Mint, director of the, duties, term, 
compensation and reports. . .429-436 

Mints of United States 430 

Coiner of 433 

Engraver for 434 

Foreign money may be carried 

by 436 

location of 430 

Officers of, bonds and sala- 
ries 430, 437 

Medals may be struck by mint. 436 
Melter and refiner, duties of.. 433 
Reserves coins for examination 

and test 434 

Superintendent receives and 

cares for coins 434 

Money, foreign, received by United 
States must be recoined before 

being reissued 436 

Money Orders (see Post Office De- 
partment). 
National Bank Notes, how issued 

and upon what security 425 

printed on distinctive paper by 
Bureau of Engraving and 

Printing 428 

received in Treasury, how dis- 
posed of 423 

reserve requirements 426 



FAGB 

Sent to U. S. Treasury for re- 
demption 426 

National Cemeteries in charge of 

Quartermaster General 460 

National Home for Disabled Vol- 
unteer Soldiers 866 

requisites of admission to.... 868 
National Parks, reservations of, 
under control of Secretary of the 

Interior 731 

Naturalization, requirements and 

certificates of 809 

Naturalized citizens, protection of, 

by diplomatic officers 259 

Naval Academy, appointment to 

and course in 658 

Naval hospitals of United States. 666 

.. Naval Observatory 640 

Naval officers of customs, appoint- 

inent and duties 314 

compensation not to exceed 

$5,000 a year 315 

locations, bonds and salaries, 

list 355 

Naval training stations 661 

Navigation rules for inland waters. 800 
Navy, Admiral, flag and insignia. 647 

Bureaus of 630 

Bureaus represented on each 

ship 650 

Captains and commanders in. 649 
Chiefs of bureaus, term and 

rank 631 

Commanding officer of vessel 
' on detached service on for- 

eign station, responsibility 

of 651 

Commanding officers of ships, 

duties and powers 649 

Conflicts of jurisdiction in bu- 
reaus of 632 

Corps of Civil Engineers in, 

duties and rank of 671 

Courts of Inquiry and court- 
martial in 651 

Distinctive naval marks, by 

corps and rank 657 

Engineer officers on naval ves- 
sels 655 

Enlisted men in Navy 661 

Enlisted men, additional al- 
lowances and payments to. 679 
Enlisted men, distinguishing 

marks of 662 

Ensigns, duties of 656 

Examination of officers for 

promotion 680 

Examinations for Medical 

Corps 665 

Executive officer of vessel, 

duties of 653 

General officers, rank of 645 

Honors to be paid to distin- 
guished visitors 648 

Lieutenant - commanders, sea 

duties of 653 

Lieutenants and lieutenants 

(junior grade), duties of.. 656 
List of ships according to 

rates 691 

Mates in 660 



INDEX. 



PAGE 

Navigating officer of vessel, 

duties of 654 

Officers below rank of com- 
mander may be given com- 
mands 649 

Officers of the deck on naval 

vessels, duties of 655 

Ordnance officer, duties of . . . 655 

Pay officers of, bonds of 670 

Pay officers, clerks and subor- 
dinates 670 

Pay officers' rank 669 

Pay, base schedule 674 

pay system 672 

pay, quarter's allowance 674 

Pay schedule of enlisted men. 677 
Pay schedule of officers ap- 
pointed from civil life 675 

Pay schedule of other officers. 676 
Personnel of Medical Corps. . . 675 

Petty officers in 661 

Petty officers, distinguishing 

marks of 662 

President is commander-in- 
chief of 5 

Professor of mathematics. ... 671 

Promotions in 645, 680 

Punishment of officers and 

men 651 

Rank of general officers 645 

Rank of medical officers 665 

Ranking officer 645 

Rear admiral, flag and in- 
signia 647 

Rear admiral, thanked by Con- 
gress, may be restored to 

active list 684 

Relative rank of army and 

navy officers 657 

Retired officer may be em- 
ployed 684 

Retirement compulsory at 62, 

except the admiral 681 

Retirements of officers in 680 

Retirements voluntary and 

compulsory 682 

"Warrant and enlisted person- 
nel under medical corps. 
Retirement of enlisted men... 682 
Sea service division of day into 

v/atches 655 

Ships of, named by President. 18 
Shore and sea commands in, 

how disposed of 646 

Vessels of, classified 644 

Warrant officers, devices of . . . 660 
Warrant officers, grades and 

duties 658 

Warrant and enlisted person- 
nel under Medical Corps. ... 666 

Watches on vessels of 655 

See also "Armed Forces." 
Navy Department (see also "Navy, 

Secretary of the") 154 

Assistant Secretary of Navy. 177 
Board on Construction, organi- 
zation and duties 644 

Bureau system prevails in. . . . 628 
Bureau of Construction and 

Repair 631 

Bureau of Equipment 639 



PAQB 

Bureau of Medicine and Sur- 
gery 664 

Bureau of Navigation 643 

Bureau of Ordnance 634 

Bureau of Supplies and Ac- 
counts 667 

Bureau of Yards and Docks.. 671 

Chief clerk, duties of 625 

Disbursing pay officer, duties. 668 
General Board of, its func- 
tions 643 

General Board not organized 
by statute but by naval 

regulations 643 

General Storekeeper of Navy 

Yard, duties 668 

Hydrographic Office 641 

Judge Advocate General, legal 

adviser of Secretary 628 

Judge Advocate General, pow- 
ers and duties 629 

Judge Advocate General, re- 
lation to Marine Corps 629 

Naval Observatory 640 

Pay officers contract for and 

purchase supplies 667 

Pay officers, duties of 667 

Pay officers, sea duties of.... 668 
Paymaster General, how ap- 
pointed 669 

Presidential appointments in 10, 17 

Solicitor of 636 

Special training schools for 
ordnance, for enlisted men. 638 
Navy, Secretary of the, appoint- 
ment, salary and duties 154 

Directs Naval Militia 155 

Jurisdiction over Island of 
Guam and American terri- 
tory in Samoa 155 

Rf'ports annually to Congress. 156 

New Mexico, government of 733 

Nurse Corps, U. S. Army, composed 

of females 463 

Qualifications and appointment 

of nurses in 464 

Superintendent of 464 

Occupations subject to internal 

revenue taxation 378 

Officers may be removed by Presi- 
dent 19 

Officials, miscellaneous. Presiden- 
tial appointments of 12, 17 

Oleomargarine, internal revenue 

provisions concerning 375 

Opium (smoking), internal revenue 

provisions concerning 374 

Packing houses, sanitary require- 
ments and inspection of 740 

Pages of Senate and House 114 

Panama Canal in charge of Corps 

of Engineers 466 

Panama Canal, see "Isthmian 

Canal Commission." 
Pardoning power of President.... 12 

Pardons in Army and Navy 531 

in general 531 

attorney in charge of 531 

procedure on applications for. 532 
rules relating to applications 
for 533 



INDEX. 



PAGE 

Party selection of candidates, not 

controlled by Federal statutes.. 25 
Passenger and freight rates, dis- 
crimination in 814 

Passengers' personal effects and 
baggage, customs regulations.. 338 

Passports, applications for 247 

by whom issued 245 

issued when 246 

embassadors and ministers 
may issue only on emer- 
gency 258 

qualifications entitling to 246 

regularly issued may be veri- 
fied by diplomatic or con- 
sular officers 258 

for persons in Porto Rico and 

Philippines •. • 248 

for persons visiting Russia 
and Turkey should be viseed 249 
Patent Office, Appeals from Com- 
missioners' decisions 723 

Commissioner, assistant com- 
missioner and examiners-in- 
chief, salaries and duties... 718 
Conditions and requirements 

for patents 718 

Fees and prices of publications 720 
Interferences and claims of 

priority 722 

Under control of Secretary of 

the Interior 159 

Pay Departments, see "Army," 

"Navy." 
Payments from Treasury, only in 
accordance with appropriation 

by Congress 438 

Payments, see Treasury. 
Penalty envelope for official busi- 
ness 624 

Pension agents and payment of 

pensions 713 

Pension Bureau (Interior Depart- 
ment) 157, 705 

Divisions of 711 

Division of special examina- 
tion 712 

Procedure in 712 

Pension certificates, produced by 
Bureau of Engraving and Print- 
ing ,. 428 

Pension examiners '. 712 

Pensions, Commissioner of, subor- 
dinate to Secretary of the In- 
terior 157 

Commissioner and Deputy 
Commissioner, appointment 

and salaries 706 

Civil War Pensions, amount 

of at various periods 707 

Civil War Pensions for supe- 
rior officers 710 

for various wars 706 

invalid and service 705 

vouchers for, fourth-class post- 
masters may authenticate. . 574 
Philippine Commission, organiza- 
tion and powers 829 

members of, appointed and 
compensation 830 



PAQB 
Philippine Islands, Bill of Rights 

of 830 

character of government in. . . 833 

judicial system of 832 

Philippine Assembly, member- 
ship, terms and sessions... 832 
Resident Commissioners to 

United States 832 

School system in 833 

Porto Rico, officers of report to 

Secretary of State 275, 736 

organization and officials.... 736 

Salaries of officers of 737 

Ports at which merchandise may 
be entered for transportation to 
other ports without appraise- 
ment, list 335 

Ports to which merchandise may be 
transported without appraise- 
ment, list 336 

Ports of Delivery 312 

List of 325 

Ports of Entry 312 

List of 325 

Only, may be entered by vessel 
carrying dutiable goods.... 315 
Postal contracts, certified to Au- 
ditor 600 

regulations concerning 609 

Sections and terms of con- 
tracts 609 

Postal conventions, Postmaster 

General may conclude 598 

must be approved by President 598 

Postal rates, domestic 615, 619 

Postal revenues, sources of 612 

Postal subventions and treaties, 
payment of to carriers of for- 
eign mail 611 

conditions of payment 611 

Postmaster General, appointment, 

salary and duties 150 

Contracts for mail supplies. . 152 
Exclusive appointment of 
fourth-class postmasters.... 152 

Fifth in cabinet rank 154 

Exclusive right to establish 

post roads 152 

Postal conventions and treaties 

concluded by 398 

Removable only by consent of 

Senate ' 150 

Term extends one month be- 
yond that of President ap- 
pointing him 150 

Postmasters, appointment and 

eligibilitj'- 568 

assistant, appointed by post- 
master 579 

Classification and compensa- 
tion 570 

commission on money order 

business 572 

fourth class, compensation of. 572 
fourth class, how appointed. . 569 
fourth class may authenticate 

pension vouchers 574 

may transact other business. . 574 
subordinates of, under civil 

service rules 574 

temporary, compensation of. . 572 



INDEX. 



PAQB 

y Postofflce Department, assistant 

/^ attorney general for 528 

Auditor for. contracts and or- 
ders affecting contract mail 
routes to be certified to. . . . 610 
Assistant Postmaster General, 

their duties 560 

First Assistant Postmaster 

General, duties of 566 

Second Assistant Postmaster 

General, duties 590 

Second Assistant has charge of 

Railway Mail service 591 

Second Assistant has charge of 

Division of Foreign Mails. 598 
Second Assistant has charge of 
Division of Railvt^ay Ac- 
countants 607 

Second Assistant has charge of 

Division of Contracts 609 

Second Assistant has charge of 

Division of Inspection 610 

Second Assistant in charge of 
payment of Postal subven- 
tions 611 

Third Assistant Postmaster 
General has charge of mat- 
ters of postal finance 612 

Third Assistant has charge of 

Division of Finance 614 

Third Assistant has charge of 

Division of Stamps 614 

Third Assistant has charge of 

Division of Money Orders. . 614 
Third Assistant has charge of 

Division of Registered Mails. 615 
Third Assistant has charge of 

Division of Classification... 615 
Fourth Assistant Postmaster 
General controls Rural Free 

Delivery 624 

Fourth Assistant controls Di- 
vision of Supplies 625 

Fourth Assistant controls Di- 
vision of Dead Letters 626 

Fourth Assistant controls Di- 
vision of Redemption 627 

Post Office Department, Chief Clerk 

of ► 562 

^ Post Office Department, Divisions 
^ of: 

Division of Contracts has 
charge of "star route" let- 
tings and contracts for 
steamboat mail service. .609, 610 

Division of Classification 615 

Division of Dead Letters. . . . 625 

Division of Equipment 611 

Division of Finance 614 

Division of Foreign Mails. . . . 598 

Division of Inspection 611 

Division of Money Orders.... 614 
Division of Railway Adjust- 
ment 607 

Division of Railway Mail ser- 
vice 591 

Division of Redemption 626 

Division of Registered Mail. . 615 

Division of Stamps 614 

Division of Supplies 625 



PAaB 
Post Office Department, expenses 

of, how met 613 

Foreign mails governed by 

conventions 598 

Foreign mails, regulations con- 
cerning 605 

Foreign mails, see also "Uni- 
versal Postal Union." 
Post Office inspectors, duties, 

salary and bonds 565, 566 

Money Order Accounts sep- 
arately kept 613 

Money Orders, how paid 613 

Purchasing- Agent, duties of. . 562 
Revenues of, under control of 

Postmaster General 560 

Rural Free Delivery, its origin, 

growth and scope 613 

Post Office, Assistant postmasters 

and cashiers, bonds of 581 

Box-rents in 589 

Post Offices, Carriers, examination, 
qualification and appointment. . . 584 
bonds, duties and uniforms. . . 585 

leave of absence 586 

overtime not allowed 584 

rules of work and conduct. . . . 587 

substitute carriers 586 

Post Offices, Civil Service examina- 
tions of postal distributing 

clerks 580 

Clerical assistance to postmas- 
ters and allowances for 

same 580 

to employees of, salary list. . . 574 
Promotions of clerks and car- 
riers 578 

Regulations concerning 573 

Rent allowance for 582 

Special delivery service 588 

Substitute postal clerks and 

carriers 578 

Superintendent of delivery. . . . 586 

Post roads, how established 627 

President of Senate, Vice-President 

is 32 

President pro tempore of Senate, 

elected by Senate 101 

Acts in cases of absence or 
death of Vice-President, or 
when latter becomes Presi- 
dent 101 

Has emoluments but not title 

of Vice-President 101 

President of the United States, ap- 
pointments of requiring confir- 
mation, list of 6-12 

Appointments of, not requiring 

confirmation, list of 16-18 

Appointments during recess of 

Senate 15 

Armed forces may be used by 
on request of Governor of 

State 19 

Armed forces used by to en- 
force criminal laws 18 

Bills signed by before adjourn- 
ment of Congress 14 

Bills signed by within ten days 
after passage 14 



INDEX. 



PAGE 

Bills submitted to l4 

Civil Service rules may be pro- 
vided by 19 

Coast Survey under his direc- 
tion 18/' 

Commander-in-Chief of Army 

and Navy 5 

Commander-in-Chief of Mili- 
tia, when 5 

Compensation, general, and al- 
lowance for traveling 5 

Consular service under his su- 
pervision 18 

Designates who shall sign De- 
partment mail in absence of 

Secretary 135 

Directs Cabinet officers 23 

Duties with relation to domes- 
tic administration 5 

Duties with relation to foreign 

governments 4 

T'oreign Governments commu- 
nicated with directly by him 
or through Secretary of 

State 19 

Impeachment of 16 

May direct details of officers 

of Army and Navy 19 

May discharge debtors from 
debts due U. S., when. ..... 18 

May discharge soldiers and 

sailors 18 

May select commandants of 
Navy Yards and Stations. .. 19 

Messages of, to Congress 13 

Ministers, foreign, received by. 19 

Nominating power 19 

Not bound by set rules in 
method of administration of 

constitutional duties 23 

Obligation of 19 

Officers may be removed by. . 19 

Pardoning power of 12 

Pardoning power, limitation 

of 18 

Patents to public lands issued 

by 18 

Relation to his political party. 25 

Removal of 16 

Reprieves granted by 12 

Safety of, in charge of Secret 

Service 1 

Sale of public lands authorized 
by Congress, directed by. . . . 18 

Ships of Navy named by 18 

Term of 22 

Transportation on Government 

vessels for 5 

Treaty power of 6-19 

Veto power of 13 

"Veto, passage of bills over. ... 14 
Presidential candidate, how nomi- 
nation of is made 24 

Presidential electors, dispute as to 

legality of election 20-21 

Vote of, how certified and 

counted 21 

Presidential succession, order of . . 23 
Prisons and prisoners, superin- 
tendent of, appointments, salary 
and duties 553, 554 



PAGE 

Prize jurisdiction of U. S. Courts. 210 
Protective tariff, theory and prac- 
tice of 310. 311 

,. Public Health and Marine Hospital 
Service collects and dissemi- 
nates health statistics 417 

Compensation of officers of... 419 
deports immigrants having 

disabling disease 417 

Employes of 415 

Examines immigrants for in- 
fectious diseases constitut- 
ing disability 417 

Examinations and qualifica- 
tions for assistant surgeon 

in 418 

officer of may be detailed to 

office of consul 294 

Official seal of 418 

Quarantine matters in charge 

of 416 

Rank and precedence in 417 

Secretary of Treasury is head 

of 143 

Surgeon General of, appoint- 
ment and duties 414 

See also "Marine Hospitals." 
Public lands, patents to, issued by 

President 18 

Patents to, clerk signs name 

of President 18 

Sales of, authorized by Con- 
gress and directed by Presi- 
dent 18 

Unsold railroad grants 705 

Public printer, appointment, salary, 

bond and duties 859 

^.-Public printing office controlled by 

Joint Committee of Congress. . . 858 
Chief clerk of, qualifications 

and salary 859 

Documents issued by 861 

Foreman of printing and bind- 
ing 859 

Workmen in 860 

Quarantine, coordination of Na- 
tional and State authorities in. 417 
regulations for, made by Sec- 
retary of the Treasury 416 

State and National 416 

Time of detention of vessels in. 417 
Vessels from foreign infected 

ports are all in 416 

Quartermaster General's Depart- 
ment of Army 459 

Has charge of National ceme- 
teries 460 

Militia provided with clothing 

and equipage by 460 

Organization, personnel and 

duties 459 

Supplies camp equipage and 

transportation to sailors and 

marines on shore duty. . . . 461 

Transportation, clothing and 

equipment furnished to 

Army by 459 

Railway mail pay, how adjusted. . 607 
Railway Mail Service under Sec- 
ond Assistant Postmaster Gen- 
eral 591 



INDEX. 



PAGSl 

Board of Promotion and rules 

governing promotion 594 

Bonds of clerics, and how ap- 
pointed 593 

Clerks of, examinations and 

duties 595 

Clerks, salaries and classes... 592 

Divisions of 593 

Expenses of officers and clerks 

in 592 

general assistant, division and 
assistant division superin- 
tendent of, salaries 591, 592 

Railway mail transportation, in 
charge of Division of Railway 
Adjustments Post Office Depart- 
ment 607 

Railway post offices, what are.... 595 
Reappraisement of goods. Collector 
of Customs may order, and im- 
porters may demand 319 

Referees in bankruptcy, duties and 

fees 240 

Registers and receivers of public 

lands 698 

Register of the Treasury, appoint- 
ment and salary 427 

Currency and national bank 
notes for redemption re- 
ceived, examined, arranged 

and registered by 428 

Prepares, signs and issues 

bonds of U. S 423, 427 

Signs all U. S. notes and pa- 
per currency 428 

Supplies Treasurer of U. S. 

with list of registered bonds. 427 
Transactions in registered 

bonds recorded by 428 

Transfers of money from U. S. 
Treasury to sub-treasuries 
or depositors are signed by. 428 

Registered mail system 615 

Registered vessel, sale of 322 

Registration of foreign-born child- 
ren entitled to citizenship 247 

Registration of vessels 321 

Reindeer imported to Alaska in 
charge of Commissioner of Edu- 
cation 730 

Removal of Causes from State to 

Federal Courts 214 

Reprieves, President may grant. . 12 
Revenue of United States, chief 

sources of 423 

Revenue Cutter Service, under Sec- 
retary of Treasury 143 

Cadets of, appointment, quali- 
fication, examination, train- 
ing and salary 402 

Comparative rank of officers 
and uniform regulations of. 406 

Discipline and equipment 400 

Enlisted men of 402 

List of commissioned, warrant 
and petty officers and en- 
listed men 404 

Officials, scope and functions 

of 397 

Pay of officers, petty officers 
and seamen 404 



PAGB 

Transferred to Navy in time 

of war 402 

its work in Alaska 403 

Revenue Cutter stations 398, 400 

River and harbor improvements, 

under War Department 145 

made by Corps of Engineers. . 460 
Safety appliances on railroads.... 816 

Sailing rules for vessels 798 

Sailors, President may discharge in 

time of peace 18 

Salmon and seal fisheries 166 

Sea stores, exempt from duty 316 

Sealskin garments, registration of. 340 
Seamen, American, cannot be dis- 
charged in foreign port without 
intervention of consular officer. . 288 
Consul may cause arrest of 

deserting 291 

Consul may care for ship- 
wrecked or destitute 290 

Entitled to protection of con- 
suls 288 

Secret Service, chief of, salary and 

duties 438 

Secretaries of Executive Depart- 
ments, cabinet and general du- 
ties 132 

Secretary of Agriculture, see 

"Agriculture, Secretary of." 
Secretary of Commerce and Labor, 
see "Commerce and Labor, Sec- 
retary of." 
Secretary of the Interior, see "In- 
terior, Secretary of the." 
Secretary of the Navy, see "Navy, 

Secretary of." 
Secretary of State of each State 
must certify election of Presi- 
dential electors, how 20 

Secretary of State, appointment, 

salary and duties 135 

Custodian of seal of United 

States 135 

Officers of Porto Rico report 

to 275 

has direction of affairs in 

Porto Rico 135 

ranking inember of cabinet. . . 135 
Secretary of State, see also "State, 

Department of." 
Secretary of Treasury, see "Treas- 
ury, Secretary of." 
Secretary of War, see "War, Sec- 
retary of." 
Sergi?ants of Arms of Senate and 

House of Representatives 112 

Senate, origin and purpose of 29 

Cannot originate revenue bills. 35 
Committees of (standing and 

select) 37 

Confirmation by 33 

Employes of, list and salaries. 121 
Exclusive power of confirma- 
tion of large number of 
presidential nominations ... 33 
Exclusive prerogative of act- 
ing on treaties with foreign 

nations 33 

Members, their legislative 



INDEX. 



PAQB 

rights, privileges and duties 

(see also "Senators") 33 

President, Vice-president of 

United States is 32 

President's pro tempore from 

foundation of Government.. 39 
Proceedings of legislative day 

in 116 

Proceedings reported, how. ... 116 
Secretary of, election, salary 

and duties 110 

Sergeant at Arms of 112 

Special sessions of (list) 37 

Vice-president of United States 

is president of 32 

Senator exempt from arrest 48 

how appointed to fill vacancies 32 

mode of election of 31 

nomination of military and 

naval cadets 36 

recommends Federal appoint- 
ments in his State, if of 
same party as President. . . 34 
sit as judges in cases of im- 
peachment 33 

term, qualifications and com- 
pensation 31 

Senatorial courtesy, its extent and 

operation 34 

Shipping commissioners, appoint- 
ment, bonds, duties and fees. ... 801 

Signals, distress 799 

Signals, fog 777, 798 

Signals, warning (weather bureau) 764 

Silver, now only subsidiary coin. . . 432 
unrefined, may be made into 

bars and ingots by mints. . . 433 
j^ Smithsonian Institution, its organi- 

r^ zation 861 

Astrophysical Observatory of. 863 

Board of Regents of 861 

Collections of 862 

Zoological Park 863 

Smithsonian Institution, Secretary 

of 862 

compensation of 864 

director of National Museum. 862 
Soldiers, President may discharge 

in time of peace 18 

Solicitor General, appointment, 

salary and duties 520 

becomes Acting Attorney Gen- 
eral, when 520 

prepares and argues cases in 

Supreme Court 520 

Solicitor for Department of Com- 
merce and Labor 529 

Solicitor for Department of State. 529 

Solicitor of Internal Revenue 376 

Solicitor of the Treasury 526 

Spanish Treaty Claims Commis- 
sion 827 

Speaker of the House of Repre- 
sentatives ,. . 101 

Appointments' by 102 

Assignment of committees by. 108 

Control over legislation 102 

Counting quorum 104 

Disciplinary power of 107 

Pills vacancies on committees. 109 

How and when elected 46, 107 



Increase of power of 101 

May appoint speaker pro tem- 
pore 107 

Morning levee of 103 

Powers and prerogatives con- 
ferred by rules 102 

Recognition of members by. . . 103 
Signs all acts and resolutions 

of House 104 

Statutory duties and salary. . 102 
Speaker pro tempore, appointed by 

Speaker or by House, when 107 

Speakers from foundation of the 

Government, list 39 

Spoils system 818 

Stamps, postage, customs and rev- 
enue, produced by Bureau of En- 
graving and Printing 428 

,rf State, Department of (see also 

"Secretary of State") 132 

Assistant Secretary, appoint- 
ment, salary and duties. . . . 169 
Second Assistant Secretary, 

duties of 170 

Third Assistant Secretary, du- 
ties of 170 

Bureau of Accounts 244 

Bureau of Appointments 244 

Bureau of Citizenship 244 

Bureau of Indexes and Ar- 
chives 244 

Bureau of Rolls 245 

Bureau of Trade Relations, 

duties of chief of 249 

Chief of Bureau of Trade Re- 
lations is intermediary be- 
tween State Department and 
Department of Commerce 

and Labor 249 

Consular Bureau 245 

Contingent Fund of, expendi- 
tures from which may be 

made without report 137 

Diplomatic Bureau, its duties. 243 
Presidential appointments in 6, 16 

Solicitor for 529 

State revenues chiefly raised by 

direct taxes 310 

Steam and sailing vessels, lights 

on 797 

Steamboat Inspection Service, 

functions of 789 

Inspector general, appoint- 
ment, salary and duties. ... 789 
Steamboat inspection districts. 790 
Supervising and assistant in- 
spectors 790, 791 

Steam vessels, inspection of boilers 
and appurtenances and examina- 
tion of deck officers and engi- 
neers of 792 

Sub-treasuries, functions of 420 

Sub-treasury at New York, depot 
of deposit and withdrawal of 

bullion 420 

Superintendent of Mints, duties, 

powers, reports and statements. 430 
Supervising architect of the Treas- 
ury 144 

Carries on negotiations for 
sites of public buildings.... 446 



INDEX. 



XXI 



PAQB 

Powers, duties and responsi- 
bilities of 447 

Supreme Court of the United States 89 
Assembles on second Monday 

in October 97 

Calls on President to pay re- 
spects 98 

Cases before, precedence of... 98 
Chief and associate justices 

of, how appointed 90 

Chief justice presides in case 
of impeachment of Presi- 
dent 100 

Chiefly occupied with appeals. 93 
Clerk of, duties and compen- 
sation 97 

Clerk of, table of fees 99 

Decisions prepared by single 

justice 98 

Dissenting opinion of justices 

of 98 

Independent of legislative and 

executive powers 89 

Judicial power of 87 

Justices assigned to circuits. . 91 
Justices to hold at least one 
term in their respective cir- 
cuits in each two years.... 91 
Marshal of, duties and com- 
pensation 97 

Motion day in 98 

Original jurisdiction, when it 

has 92 

Procedure upon appeals and X 

writs of error 94*^ 

Procedure for removal of 
causes from highest State 

Court to 96 

Reporter of, duties and com- 
pensation 97 

Salary of justices of 90 

Tenure of justices 89 

Writs of mandamus, certiorari 

and injunction from 94 

Surgeon General of Public Health 
and Marine Hospital Service. . . . 414 

Surveyors General 695 

Tally clerks of House, duties and 

salary 118 

Tariff, protective theory of, main- 
tained since Civil War 311 

theory of low 310 

theory of protective 311 

Territorial Governments, under 

Department of Interior 733 

Territorial judges, appointed by 

President for four-year term... 231 
Territorial judges, federal jurisdic- 
tion of 234 

Tobacco and cigars, revenue pro- 
visions concerning 374 

Tonnage dues 322 

Trade-mark cases, fees in 725 

Trade-mark registration, how pro- • 

cured 723 

Transportation of dutiable goods 

in bond 312 

Treasurer of the United States.419, 424 
Appointment, bond and salary. 420 
custodian of precious metals 
coined into money 422 



PAQK 

fiscal agent for bond issues of 
dependencies 424 

Issues all paper currency. ... 422 
national bank notes sealed by. 422 
national bank notes redeemed 

by 426 

receipts for all moneys 426 

receives fines, forfeitures and 
proceeds of sales of public 

lands 422 

regulator of small change of 

country 424 

transports silver dollars and 
subsidiary coin to points 

where needed 424 

trustee of funds under care of 

United States 424 

See also "Sub-treasuries." 
Treasury, Comptroller of, chief of 
auditing system of Treasury De- 
partment 442 

Appointment, salary and du- 
ties 442 

decides questions relating to 

appropriations 140 

decides on legality of expendi- 
ture 443 

decisions of, published in series 

of volumes 444 

may be called on by depart- 
ments for advance decision 
on legality of expenditures. . 444 
Treasury Department (see also 
"Treasury, Secretary of the," 

and "Treasury") 138, 309 

Assistant Secretaries 171 

Chief clerk of Treasury De- 
partment, duties of 448 

has charge of furnishing fe- 
pairs and personnel of Gov- 
ernment buildings all over 

U. S 447 

Division of Bookkeeping and 

Warrants 444 

Payments from Treasury made 
only in accordance with ap- 
propriation by Congress.... 438 
Payments on judgments by 

Federal Courts 438 

Presidential appointees in. . . . 7 
Public moneys collected must 

be paid into Treasury 421 

Solicitor of the Treasury 526 

Supervising Architect of the 

Treasury 144 

Treasury, Secretary of the, ' ap- 
pointment, salary and duties; 

second in Cabinet 137, 144 

custodian of bonds 144 

directive officer In production 

of coins 143 

has charge of erection of pub- 
lic buildings of U. S. outside 

of Washington 144 

has direction of bond issues. . 144 

head of Customs Service 139 

head of Life-saving Service.. 143 
head of monetary system.... 141 
jurisdiction over Bureau of 
Engraving and Printing. ... 145 



INDEX. 



PAGE 

may compromise and settle 
claims against debtors of 

U. S 140 

power to relieve tight-money 

market 142 

Quarantine regulations made 

by 416 

Reports directly to Con- 
gress 23, 141 

Treaties, how prepared 264 

Extradition 264 

how ratified 33 

Trustees in Bankruptcy, duties and 

fees 240, 241 

Uniforms, wearing of, by consular 

officers 297 

Wearing of by diplomatic 

officers 254 

United States Attorneys, appoint- 
ment of 535 

employment of stenographers, 
experts and interpreters.... 540 

fixed salaries of 536 

may engage in private law 

practice 540 

may keep records 542 

personal expenses, how paid. . 422 
special reports in appeal cases. 541 

temporary appointments 535 

United States Commissioners ap- 
pointed by . District Court, pow- 
ers and jurisdiction 236 

fee list 238 

United States Courts, clerks of, 
their appointment, qualifications, 

bonds and duties 555, 556 

fees and compensation of 

clerks of 557, 558 

Venue of criminal actions in. 215 
United States Circuit Court, places 

and terms of 216, 226 

United States Court for China 260 

entirely under jurisdiction of 

State Department 276 

United States Military Academy 
(see "Military Academy," "War 
Department.") 

Pay table of officers at 493 

Universal Postal Union, agreement 

in effect 598 

countries in, list of 599 

countries not in, but reached 
through Postal Union coun- 
try 602 

mail matter within, classifica- 
tion of 603 

rates of postage within 603 

Vessel arriving must report to col- 
lector within 24 hours 315 

Masters and officers of, li- 
censed how 792-795 

must special report on distilled 

spirits and wine 315 

notice of merchandise to be 

reported on 315 

vessel putting into U. S. port in 
distress, unlading of goods 

is permitted when 317 

Vessels, registration and measure- 
ment of 796, 797 

Vice-president of the United States, 



PAGBT 

election, qualifications and sal- 
ary 20, 100 

Appointments by 101 

Exempt from militia duty. ... 100 
Ex-offlcio member Board of 
Regents of Smithsonian In- 
stitution, and appoints three 
members of same for Senate. 101 
Presides in cases of impeach- 
ment, except of President. . 36 
President of Senate, duties as 

such 100 

Signs all bills which have 

passed both houses 101 

Succeeds to presidency on 

death of President 100 

,-War Department (see also "War, 
'^ Secretary of," also "Army".... 174 
Assistant Secretary of War, 

duties of 174 

Change of system in since 

1903 449 

Chief of Engineers, appoint- 
ment and duties 465 

Civil directive officials 451 

Corps of Engineers, military 

and civil duties 465 

has control of National Guard 

and other State forces 450 

Inspector General's Depart- 
ment, duties and organiza- 
tion 457 

Judge Advocate General's De- 
partment, duties and organi- 
zation 457 

Judge Advocates, duties of . . . . 458 

Pay table of officers 492 

Pay table of officers at Mili- 
tary Academy 493 

Presidential appointments in. 8, 16 

Signal Service of 146 

Varying theories of military 

administration 449 

War, Secretary of, appointment, 
salary and duties (third in cabi- 
net in order of precedence) . .144, 147 
Has custody and control of the 

parks of Washington 146 

has direction of administration 

of Philippine Islands 146 

has general oversight of Canal 
Zone matters and the build- 
ing of the Panama Canal. . 146 
has supervision of the Corps 

of Army Engineers 145 

Reports to Congress 145 

War taxes levied and collected 

through Internal Revenue 367 

War veteran employes of House of 

Representatives 114 

Warehouses, bonded and public. . . 321 
withdrawal of goods from.... 321 
Weather Bureau organization, sta- 
tions and forecasts 758 

Chief of, appointment and 

duties "758 

Flag forecasts 763 

Forecasts and warnings issued 764 
how weather reports are col- 
lected 759 

list of forecast centers 765 



INDEX. xxiii 

PAQB PAOB 

list of Weather Bureau sta- Woman marrying foreigner takes 

tions 766 nationality of her husband 246 

management and equipment. . 759 may resume citizenship by reg- 

Warning signals 764 istration or residence 246 

Weights and Measures — jurisdic- Woman of foreigrn birth may ac- 
tion of Bureau of Standards over 809 quire citizenship by marrying 

Whiskey, straight and blended. . . . 371 American 246 

Witnesses in United States Courts, Yellow fever, work for suppres- 

pay and mileage 550 sion of 417 



CHAPTER I. 

INTRODUCTION — PRINCIPLES OF THE GOVERNMENTAL SYSTEM OF THE 

UNITED STATES. 

In compiling this volume it has been the purpose to summarize 
the duties and powers of the officials of the Federal Government 
in a statement in regard to each, which includes such informa- 
tion as will be needed by the general reader. There has been 
little attempt to include verbatim citations, or to give the very- 
many references on which the statements are based, since it is 
desired to simplify the presentation as much as possible. The 
sources are the Constitution of the United States, the Revised 
Statutes and regulations promulgated by the heads of the differ- 
ent Departments. In addition to these authorities there is also 
a considerable amount of unwritten custom and usage, which 
has been stated in as definite terms as possible in connection with 
the specific provisions as to the duties of Federal officials. 

The body of law made up of provisions relating to the public 
officers of the government is widely scattered and not easily at- 
tainable by the layman and general reader. It is believed there- 
fore that this compilation will be found not only a source of 
interesting general information, but a valuable book of reference 
as well. 

THE GOVERNMENT OF THE UNITED STATES. 

The Federal form of the government of the independent States, 
composing the United States of America, has been described as 
a government of laws and not of men. How accurate a descrip- 
tion this is will be seen in the following pages, which will deal 
chiefly with the restrictions and requirements imposed by statute 
upon the agents of the Federal government. Such a book as is 
here proposed would not naturally, and in the usual order of 



2 THE AMERICAN GOVERNMENT. 

governmental affairs, so largely deal with restrictive enactments. 
In most of the governmental systems of the world, scope, in some 
cases comparatively wide scope, is given to the discretion of the 
official functionary, and his powers and duties are stated in wide 
terms or exist in a condition of amplitude, because of the tradi- 
tions and lack of restrictions which surround his office. It is, 
however, entirely different with the incumbents of Federal offices 
in the United States, from the highest to the lowest. The power 
to do all things necessary for the proper conduct of an adminis- 
trative position is seldom or never granted in the Federal system. 
So much is this the fact that the language of a recent act creat- 
ing the Board of Exposition Commissioners with "power to do 
all things necessary" is almost unique in the history of Federal 
legislation 

The tangible evidences of the existence of a Federal govern- 
ment, which were represented in a former generation only by the 
local postmaster or the local collector of customs or internal 
revenue, become more definite as the United States is forced, 
through the increase of population and the decrease of state dis- 
tinctiveness, to enter more closely into the social and commercial rela- 
tions of the people. The fabric of the United States courts, 
formerly to the popular mind a nebulous and little understood 
system of jurisprudence, comes with the increase of Federal 
penal legislation to occupy a larger and larger share of the public 
attention, since it is in this manifestation of the Federal power 
that the increased activities of the Federal government come to 
popular notice. The manifestations of the Federal government 
can, however, only be understood by bearing in mind that there 
is no single Federal power as such, but that the operations 
referred to are those of three co-equal branches, the distinction 
between which and the powers of which were carefully pre- 
scribed by the Constitutional Convention. The provision for each 
branch was carefully framed to meet a particular need which 
presented itself to the founders of the government. The conflicts 
of the formatory period of the present British governmental sys- 
tem, the influences' of the school of thought contemporary with 



THE AMERICAN GOVERNMENT. 3 

the beginnings of the French Revolution and the ardent and pas- 
sionate discussions which preceded and accompanied the Conven- 
tion which formed the Constitution of the United States, together 
with the experience of the colonists under the first Federation, 
made it very definite and clear to the framers of the Constitution 
just why each of these separate branches was established and 
just where and why their several powers were limited. Thus 
they provided a dual legislative body whose functions were 
established by the fact that it was composed of represen- 
tatives of all the people of all the states and whose 
powers were definitely limited by a distinct grant and 
a distinct reservation. Secondly, the executive branch, with no 
discretionary power to extend provisions made by the legislative 
branch was also given a means of check upon the leg- 
islative function, and for the purpose of adjusting not only the 
relation between the legislative and the executive powers, but 
for the purpose as well of conserving the rights of the inde- 
pendent State and the individual citizen from the possible en- 
croachment of the other two branches of the government, there 
was established what has been described as the crowning effort 
of the Constitution makers, a judicial power which is independ- 
ent of both the legislative and the executive, and whose action 
constitutes the final step necessary to formulate the will of the 
people into a portion of the governing law of the nation. The 
executive may propose but cannot execute until the legislative 
has approved. The legislative may both propose and approve, 
but is subject to a qualified veto by the executive, and in neither 
case can there be final approval of a measure afifecting the right 
of any citizen until the question has been passed upon by the 
highest court of what is in effect the highest power, namely, 
the judiciary Understanding from their previous experience the 
tests which the new nation would be called upon to undergo, the 
framers of the Constitution deliberately and with a premonition 
of some, at least, of the later developments, conceived and 
executed a plan of government which seems to have surpassed 
in its practical benefit that of any nation, ancient or modern. 



THE AMERICAN GOVERNMENT. 



CHAPTER II. 

The President of the United States. 

The characteristics of the executive power of the United States 
was the most serious problem relating to the personnel of the 
government undertaken by the Constitutional Convention. Of 
all the provisions it was only matched in importance by that 
fixing the relations of the States themselves. The Articles of 
Confederation made no provision for an executive head of the 
government. Two well-defined schools of thought, whose influ- 
ences were felt for more than half a century, were already estab- 
lished among the delegates to the Convention. There were, on the 
one hand, those who doubted if a successful government could 
be maintained, unless the executive head had some kingly pre- 
rogatives. On the other hand, there were those who vehemently 
denied the right of personal prerogative, either inherent or con- 
ferred, and who could comprehend nothing but the destruction 
of a representative form of government whose executive officer 
should be more than a superior clerk As a mutual concession, 
there was an entire lack of definition of what constituted the 
executive power. No provision is made in the Constitution pre- 
scribing or limiting the executive powers vested "in a President 
of the United States of America." Definite provision is made 
as to the President's duties with relation to foreign governments, 
but as between the States themselves, the duties of the President 
are left to be determined by the course of events, subject to the 
checks which Congress may from time to time place upon them. 
The President of the United States must have been born 
within the United States. He must have attained to the age of 
thirty-five years, and he must have been fourteen years a resi- 
dent within the United States. In practice the President is always 
chosen from another State, and usually from another section 



THE AMERICAN GOVERNMENT. S 

of the country, than the Vice-President. This is to an extent, 
founded upon the provision of the 12th Amendment of the Con^ 
stitution, which directs that when electors vote for President 
and Vice-President, one of the persons so voted for shall not be 
an inhabitant of the same State with the electors. The President 
may not receive during the period of his ofifice any emolument 
from the United States or from any of them, other than the com- 
pensation fixed by Congress, and which may neither be increased 
nor diminished during the period for which he has been elected. 
This compensation at the present time is fixed at fifty thousand 
dollars, and he is allowed in addition the use of the official resi- 
dence with the services of the persons attached thereto, as pre- 
scribed by Congress, and has as the supervisory official of all 
departments, free transportation on all vessels owned by the gov- 
ernment of the United States, but receives no allowance for sub- 
sistence or entertainment, except that by a recent provision of 
Congress an annual appropriation it made to pay his expenses 
when travelling. 

While the powers of the President with respect to domestic 
administration are left largely to the discretion of the Congress, 
and to the definition of the Supreme Court as to what constitutes 
executive power, distinct provision is made for the powers which 
he shall exercise ; first, with relation to foreign countries ; second, 
with relation to the appointment of the subordinate officers of 
the government ; and, third, with reference to the exercise of the 
supreme power of clemency. Under the first head he is the 
Commander-in-Chief of the Army and Navy of the United States, 
and is placed in control of the militia of the various States, when 
it has been called into the actual service of the United States. 
With the details of the organization and direction of the militia 
in time of peace he has nothing to do, except so far as Congress 
may direct Federal aid to be placed at the disposal of the States 
for the improvement of the efficiency of the militia upon com- 
pliance with certain requirements. But when the respective 
quotas of the States have been tendered to and enrolled by the 
United States, they come under the command of the President 



6 THE AMERICAN GOVERNMENT. 

as the Commander-in-Chief of the armed forces of the country. 
These powers of the President have, largely, in practice been put 
into commission under the direction of the respective Secretaries 
of the Departments of War and the Navy, but the condition has 
been the fact, in all the wars of the United States, of a civilian 
in supreme control of the military operations of the United States. 
The reasons for this provision were undoubtedly two-fold. First, 
because of the independent powers of the President in dealing 
with foreign affairs ; and, second, because the f ramers of the Con- 
stitution undoubtedly had in mind the impending Presidency of 
General Washington, and the fact that many of the prominent men 
of the immediate time were successful military leaders of the Revo-& 
lutionj The provision by which the President is made the Com- 
mander-in-Chief of the Army and Navy places upon him the 
burden of responsibility for the successful outcome of the military 
operations of the country, and while, as has been stated, the 
details have been for the most part entrusted to subordinates, 
the President himself is actual director of the military power of 
the Republic. The President has power to make treaties with 
foreign countries, subject to the advice and consent of the Senate, 
two-thirds of the Senators present at the time of the vote con- 
curring. The treaty power thus bestowed carries with it the 
necessity of military power, which is conferred in the first clause 
of the section conferring the treaty making power. 

The second in importance, of the defined powers conferred 
upon the President, is that of nominating all officers whose ap- 
pointment is not otherwise provided for under the Constitution. 
The list of these classes of Presidential nominations, requiring 
che confirmation of the Senate, is as follows : 

STATE DEPARTMENT. 

Secretary of State. 

Assistant Secretary of State. 

Second and Third Assistant Secretaries of State. 

Ambassadors. 



THE AMERICAN GOVERNMENT. 

Ministers. 

Consuls General 

Consuls. 

Ministers Resident. 

Charges and Secretaries receiving compensation. 

Secretaries of Embassies. 

Secretaries of Legations. 

Diplomatic Agents. 

TREASURY DEPARTMENT. 

Secretary of the Treasury. 

Three Assistant Secretaries of the Treasury. 

Comptroller of the Treasury. 

Assistant Comptroller of the Treasury. 

Auditor for the Treasury Department. 

Deputy Auditor for the Treasury Department. 

Auditor for the War Department. 

Deputy Auditor for the War Department. 

Auditor for the Interior Department. 

Deputy Auditor for the Interior Department. 

Auditor for the Navy Department 

Deputy Auditor for the Navy Department. 

Auditor for State and other Departments. 

Deputy Auditor for State and other Departments. 

Auditor for the Post Office Department. 

Two Deputy Auditors for the Post Office Department. 

Treasurer of the United States. 

Assistant Treasurer of the United States. 

Register of the Treasury. 

Assistant Register of the Treasury. 

Commissioner of Internal Revenue. 

Comptroller of the Currency. 

Director of the Mint. 

Commissioned Officers of the Revenue Cutter Service. 

Collectors of Customs. 



THE AMERICAN GOVERNMENT. 

Assistant Collectors of Customs. 

Naval Officers of Customs. 

Surveyors of Customs. 

General Appraisers of Merchandise. 

Appraisers of Merchandise. 

Assistant Appraisers of Merchandise. 

Collectors of Internal Revenue. 

Superintendents of Mints. 

Assayers of Mints. 

Melters and Refiners at Mints. 

Coiners at Mints. 

Engraver at the Philadelphia Mint. 

Assistant Treasurers of the United States at various points. 

Surgeon General of the Marine Hospital Service, 

Medical Officers of the Marine Hospital Service. 

General Superintendent of Life Saving Service. 

Deputy Assistant Treasurer. 

Treasurer of the Isle of Porto Rico. 

Auditor for the Isle of Porto Rico. 

General Inspector of the Treasury. 

Examiners of Drugs and Chemicals. 

Superintendent of Assay Office at New York. 

Assistant at Assay Office in New York 

Melter and Refiner at Assay Office in New York. 

Assayers in Charge of Assay Office at Charlotte, N. C. 

Assistant and Melter of Assay Office at Charlotte, N. C. 

Officers of the Revenue Cutter service. 

WAR DEPARTMENT. 

Secretary of War. 
Assistant Secretary of War 
Inspector General. 
Quartermaster General. 
Commissary General. 
Surgeon General. 



THE AMERICAN GOVERNMENT. 9 

Paymaster General. 
Chief Signal Officer. 
Professors at the Military Academy. 
Chief of Artillery. 

Civilian Member Board of Ordnance and Fortification. 
All Officers of the Line and Staff of the Army. 
Officers below the rank of Major, Porto Rico (Provisional) 
Regiment. 

Members of the Mississippi River Cornmission. 

Members of the California Debris Commission. 

• 

DEPARTMENT OF JUSTICE. 

Attorney General. 

Solicitor General. 

Assistant to the Attorney General 

Assistant Attorneys General. 

Solicitor for the Treasury. 

Assistant Solicitor for the Treasury. 

Solicitor of Internal Revenue. 

Solicitor for the Department of State. 

Solicitor for the Department of Commerce and Labor. 

Members of the Spanish Treaty Claims Commission. 

JUDICIARY. 

Chief Justice of the Slipreme Court of the United States. 

Associate Justices of the Supreme Court of the United States. 

United States Circuit Judges. 

United States District Judges. 

United States Attorneys. 

United States Marshals. 

Chief Justice Court of Claims. 

Associate Justices of the Court of Claims. 

Territorial Judges. 

Chief Justice of the Court of Appeals of District of Columbia. 



10 THE AMERICAN GOVERNMENT. 

Associate Justices of the Court of Appeals of District of Columbia. 
Chief Justice of the Supreme Court of District of Columbia. 
Judges of the Police Courts of District of Columbia. 

POST OFFICE DEPARTMENT. 

Postmaster General. 

First Assistant Postmaster General 

Second Assistant Postmaster General. 

Third Assistant Postmaster General. 

Fourth A'ssistant Postmaster General. 

First, second and third classes of Postmasters. 

Purchasing Agent of the Post Office Department. 

NAVY DEPARTMENT. 

Secretary of the Navy. 
Assistant Secretary of the Navy. 
Admiral of the Navy. 
Chief of the Bureau of Navigation. 
Chief Constructor of the Navy. 
Chief of the Bureau of Ordnance. 
Chief of the Bureau of Equipment. 
Engineer-in-Chief of the Navy. 
Surgeon General of the Navy. 
Paymaster General of the Navy. 
Chief of the Bureau of Yards and Docks. 
Judge Advocate General of the Navy. 
Brigadier General. Commandant Marine Corps. 
Visitors to the Naval Observatory. 

All Officers of the Line and Staff of the Navy and Marine 
Corps, except the Warrant Officers of the Navy. 

. INTERIOR DEPARTMENT. 

Secretary of the Interior. 

First Assistant Secretary of the Interior. 



THE AMERICAN GOVERNMENT. ii 

Assistant Secretary. 

Assistant Attorney General. 

Commissioner of the General Land Office. 

Assistant Commissioner of the Land Office. 

Commissioner of Patents. 

Assistant Commissioner of Patents. 

Commissioner of Pensions. 

First Deputy Commissioner. 

Second Deputy Commissioner. 

Commissioner of Indian Affairs. 

Assistant Commissioner of Indian Affairs. 

Commissioner of Education, 

Director of the Geological Survey. 

Examiners in Chief of Patents. 

Recorder of the Land Office. 

Registers of the Land Office. 

Receivers of Public Moneys, 

Surveyors General. 

Indian Agents. 

Indian Inspectors, 

Superintendent of Indian Schools. 

Pension Agents. 

Territorial Governors. 

Territorial Secretaries. 

Commissioner of the Interior for Porto Rico. 

Commissioner of Education for Porto Rico, 

Recorder of Deeds. 

Register of Wills. 

Inspector of Gas and Meters. 

Rock Creek Park Commissioners. 

DEPARTMENT OF COMMERCE AND LABOR. 

Secretary of Commerce and Labor. 
Assistant Secretary of Commerce and Labor. 
Commissioner General of Immigration. 



12 THE AMERICAN GOVERNMENT. 

Director of the Census. 

Not to exceed 300 Supervisors of the 13th Censua 

Commissioner of Navigation. 

Commissioner of Fisheries. 

Supervising Inspector General of Steam-vessels. 

Ten Supervising Inspectors. 

Superintendent of the Coast and Geodetic Survey. 

Director of the Bureau of Standards. 

Commissioner of Labor. 

Commissioners of Immigration at various points. 

Agent for the Salmon Fisheries of Alaska. 

Assistant Agent for the Salmon Fisheries of Alaska. 

DEPARTMENT OF AGRICULTURE. 

Secretary of Agriculture. 
Assistant Secretary of Agriculture. 
Chief of the Weather Bureau. 

MISCELLANEOUS OFFICIALS. 

Interstate Commerce Commissioners 

Public Printer. 

Civil Servce Commissioners. 

Chief Examiner of the Civil Service Commission. 

Commissioners of the District of Columbia. 

Members of the Board of Charities of D. C. 

Governor of Porto Rico. 

Secretary of Porto Rico. 

Attorney General of Porto Rico. 

Treasurer of Porto Rico. 

Auditor for Porto Rico. 

Members of the Executive Council of Porto Rico. 

The third power granted to the President, is that of granting 
reprieves and pardons for offenses against the United States, 



THE AMERICAN GOVERNMENT. 13 

except in case of Impeachment. This, of course, confers no 
power of reprieve or pardon for offenses against any State, pun- 
ishable by the laws of such State. 

The duties of the President with reference to Congress are: 
That he is to give to the Congress from time to time, information 
as to the state of the Union, and this includes not only messages 
of a voluntary character, such as the annual message of the 
President upon the convening of Congress in December, and 
such other messages as he may deem to be expedient from time 
to time, but it also includes the sending, upon the request of 
Congress, of such information upon matters relating to public 
afifairs as Congress may desire. He has the privilege of con- 
vening either House or both Houses, at any time, either before 
the assembling of the regular session, or after it has adjourned 
If the Houses of Congress fail to agree upon the date of adjourn- 
ment, he may adjourn them to such time as he may deem proper. 
Every bill before it becomes a law, and every order, resolution, 
or vote, requiring the concurrence of the Senate and the House 
of Representatives, except resolutions on the question of adjourn- 
ment, must be presented to the President of the United States. 
The terms of the Constitution on this point are specific, but 
there is, nevertheless, a class of concurrent action, which it has 
been the practice not to submit to the President. Such actions 
in concurrence, generally known under the term of concurrent 
resolutions, which refer to the affairs of Congress itself, or which 
are essentially temporary in their nature, have not, under the 
practice of Congress, been submitted to the Executive for ap- 
proval. The dividing line between concurrent votes presented 
and not presented, is generally marked by terming the former 
"joint resolutions," and the latter, "concurrent resolutions," though 
the precedents in this matter are not uniform. When a bill, 
resolution, or vote is presented to the President, it must be ap- 
proved within ten days, Sundays excepted, after it shall have 
been presented to him. If it remains unacted upon, it becomes a 
law as if he had signed it, unless Congress has by adjournment 
prevented its return. During the period of the session of Con- 



14 ' THE AMERICAN GOVERNMENT. 

gress, the President in exercising the veto power, must return a 
bill or resolution to the House of the Congress in which it 
originated, without his approval, stating his objections. When 
he does this, the House to which it is returned may proceed 
to reconsider it, and if the measure is passed again, two-thirds 
of the members voting for it, it is then sent to the other House, 
and if approved by two-thirds of that House, it becomes a law 
notwithstanding the Presidential objections. It is the practice of 
the President at the close of each session of Congress to attend 
upon the Congress at the Capitol for the purpose of signing the 
bills passed in the closing hours. The neglect or refusal of the 
President to sign a bill at that time, acts as a complete veto of 
the legislation in question. The language of the Constitution 
relative to the treatment of bills after the adjournment of Con- 
gress is not altogether clear. It is, of course, clear as applied to 
the second or short session of each Congress when that body has 
adjourned without day on the fourth of March. Just what the 
procedure might legally be with reference to a bill which has 
been passed by both houses, but not presented to the President, 
is not altogether certain, but the consideration is merely an 
academic one, as it is the practice, as above stated, for the 
President to attend upon Congress on the last day of both the 
long and the short sessions, and to sign all bills whch have been 
passed up to the last moment. This procedure was probably 
adopted in order that there might be no question in regard to 
the matter. The point lies in the construction of what con- 
stitutes an adjournment of Congress for this purpose. There 
would be no practical difficulty in the retention of a law during 
the recess of Congress and the presentation to the President of 
such a bill upon the reassembling of Congress in December. It 
seems quite apparent, however, if the bill were presented to the 
President on the last day of the long session, it could not become 
a law unless he signed it before the adjournment of Congress on 
that day, since there would be no way in which the President, be- 
ing in possession of a bill, could bridge over the Congressional 
.recess. For this reason Congress remains in session until it is 



THE AMERICAN GOVERNMENT. IS 

advised that the President has signed every bill which has been 
passed by both Houses, and this, in the short session of Congress, ' 
which must adjourn at twelve o'clock on March fourth, brings 
about the turning back of the hands of the clocks of the two 
houses during such period as may be necessary to complete the 
legislation and present it for the Presidential signature. 

The nominating power of the President before referred to, is 
supplemented by an appointing power, limited by the require- 
ment that the appointment shall be with the advice and consent 
of the Senate. The nominations made by the President for the 
classes of officers before listed, are considered by the Senate, and 
upon approval appointments are made by the President. The 
President has the power of direct and uncontrolled temporary ap- 
pointment to all positions which are otherwise filled with the 
advice and consent of the Senate but which become vacant dur- 
ing a recess of the Senate. Such appointments, however, are 
strictly temporary, and terminate at the end of the next Senate 
sessioa This power of the President being granted by the Con- 
stitution, cannot be limited as to the actual appointment of per-^.^.^- 
sons to the positions which may be vacant. Congress, has, however, 
put a rather effective check upon this unlimited power by a ■ 
provision that no salary shall be paid to any persons appointed 
under a recess commission if the vacancy to which he was ap- 
pointed existed during the session of the Senate. Thus it would 
not be advisable for the President to allow a position to remain 
vacant without nomination during a session of the Senate, so that \ 
he might make a recess appointment after the Senate session ' 
had expired, as the incumbent, under such conditions, could 
draw no salary until he had been confirmed by the Senate, and if 
he was not confirmed by the Senate, could draw no salary at all. 
This provision would seem to apply only to positions which be- 
come vacant during the session of the Senate and to which no 
recess appointment has already been made. In case of a recess 
appointment antedating the session of the Senate, and for which 
the Senate has failed to confirm a nominee, another recess ap- 
pointment can be made immediately after the adjournment of 



l6 THE AMERICAN GOVERNMENT. 

the Senate, a second vacancy thus occurring by virtue of the 
expiration of the first recess appointment at the end of the ses- 
sion of the Senate held next after the date on which the recess ap- 
pointment was made. 

The President obHgates himself faithfully to execute the du- 
ties of his office, to preserve and protect the Constitution, and 
is required to take care that the laws are faithfully executed by 
all persons under his direction. He may be removed from office 
by impeachment process, on conviction of treason, bribery, and 
breach of his obligation to preserve the Constitution of the 
United States, or for manifest negligence in securing the execu- 
tion of the laws, the last two offenses being included under the 
general description, "other high crimes and misdemeanors." 

Congress is empowered to add to the appointing power of the 
President, the appointment of such inferior officers as is thought 
proper. Under this power as delegated, the President has the 
exclusive power of appointment of such inferior officers, and it is 
not necessary to nominate them to the Senate for confirma- 
tion by that body. The various classes of public officials thus 
.appointed by the President are as follows : 

STATE DEPARTMENT. 

Vice-Consuls. 

Deputy Consuls. 

Commercial Agents. 

Vice Commercial Agents. 

Consular Agents. 

Consular Clerks. 

Student Interpreters in China. 

Interpreters to Legations. 

Interpreters to Consulates. 

Marshals of Consular Courts. 

WAR DEPARTMENT. 

Chief of Staff (from Officers of the Army). 
All Military Cadets. 



THE AMERICAN GOVERNMENT. 17 

Board of Visitors to the Military Academy. 
Superintendent of the Mihtary Academy. 
Commandant of Cadets at the Military Academy. 

DEPARTMENT OF JUSTICE. 

Commissioners of Deeds for D. C. 

Notaries Public in D. C. 

Trustees of the Two Reform Schools in D. C. 

Justices of the Peace in the District of Columbia. 

NAVY DEPARTMENT. 

Warrant Officers of the Navy except Pharmacists. 
Midshipmen at large. 

Midshipmen from the District of Columbia. 
Board of Visitors to the Naval Academy. 
Acting Assistant Surgeous in the Navy. 

INTERIOR DEPARTMENT. 

Board of Indian Commissioners. 

Allotting Agents for Lands. 

Coal and Asphalt Mine Trustees. 

Sliperintendent of the Capitol Building and Grounds. 

Board of Visitors to Government Hospital for the Insane, 

Clerk in the Interior Department to sign Land Patents. 

DEPARTMENT OF COMMERCE AND LABOR. 

Members of the Light-House Board 
Commissioner of Corporations. 
Deputy Commissioner of Corporations. 
Chief of the Bureau of Manufactures. 

MISCELLANEOUS OFFICIALS. 

Secretary to the President. 
Assistant Secretary to the President. 



i8 THE AMERICAN GOVERNMENT. 

Two Executive Clerks to the President. 

One Steward at the White House. 

One Messenger at the White House. 

Librarian of Congress. 

Superintendent of Library Building and Grounds. 

Engineer Commissioner of the District of Columbia 

Purchasing Agent, Post Office Department. 

The pardoning power of the President is comprehensive and 
without Constitutional restriction, except in cases of impeach- 
ment. The scope of this power includes not only criminal of- 
fenses under the civil statutes of the United States, but of- 
fenses against military law and discipline, including even those 
of the gravest character. Where disabilities have been imposed 
by Congress upon conviction of certain offenses, the exercise of the 
pardoning power by the President removes such disability. The 
pardoning power of the President includes cases which have not 
been tried or in which punishment has not been awarded. 

The President has from time to time received authorization 
from Congress for the exercise of power under general legisla- 
tion effected by Congress. Among these powers is that of a 
supervision of the Consular Service, and the direction of expendi- 
tures for necessary means of carrying on the foreign business of 
the nation. He is given the power to use the armed forces of 
the country for the purpose of carrying out the penalties im- 
posed for crimes against the United States, issues patents for 
public lands, a clerk being provided to sign his name to such 
patents, and may discharge debtors from debts due the United 
States, in cases where provision has not been made to empower 
the Secretary of the Treasury to issue such discharge. The 
direction of the sale of public lands, when authorized by Con- 
gress, is also placed in the hands of the President, and he is 
given discretionary power to permit the discharge of soldiers and 
sailors in time of peace, under such regulations as he may fix. 

The President is given by Congress the direction of the opera- 
tions of the Coast Survey. He may name the ships of the Navy 



THE AMERICAN GOVERNMENT. 19 

within the classes fixed by Congress, and may provide rules for 
the admission of persons into the Civil Service, under the re- 
strictions of the act establishing the Civil Service Commission 
and providing means for the improvement of the Civil Service. 
He also by virtue of his position as Commander in Chief of the 
Army and Navy, has power to direct any details of officers from 
the military branches of the government, and may select Com- 
mandants of Navy Yards and Stations, and all persons from the 
appropriate line or staff of the military forces, for such positions 
as may be established by Congress. He has the absolute power 
of removal of all persons whether appointed by himself alone 
or with the consent of the Senate, and of persons in the Civil 
Service, except members of the judiciary who may only be re- 
moved by impeachment. He may also employ the armed forces 
of the United States for the assistance of the Governor of any 
of the States, when requested to do so by the Executive of the 
State in question. 

The President receives as the representative of the United 
States, the A^nbassadors and Ministers of foreign countries, and 
conducts directly, or through the Secretary of State, all nego- 
tiations with the heads of foreign governments, as represented by 
their Ambassadors and Ministers, which do not call for a formal 
conclusion or written treaty stipulations. All communications 
to foreign governments are sent in his name, and all communica- 
tions from foreign governments are transmitted to him, and by 
him, when necessary, forwarded to the Congress. For the 
purposes of foreign intercourse he is the head of the Government 
of the United States, subject only to restriction by the Senate 
when it shall have become necessary to conclude a formal treaty. 
The general power lies in Congress to indicate its disapproval 
of the relations of the President with foreign powers, by a resolu- 
tion stating the objections held, but such resolution has no valid 
force on the Executive, unless it is made the basis of impeach- 
ment proceedings. 

The popular conception of the election of the President of the 
United States becomes confused so frequently by the impor- 



20 THE AMERICAN GOVERNMENT. 

tance attached to the enumeration of the popular vote, that a 
careful statement of the machinery by which the President is 
elected is essential. Although the announcement made quad- 
riennially, within a few days after the Presidential election, of 
the number of votes cast for each Presidential nominee is usually 
regarded as conclusive, no actual election takes place until the 
second Wednesday of the February next following. The Con- 
stitution provides that each State shall appoint, in the manner 
to be determined by the legislature of the State, the Presidential 
Electors, who shall be equal in number to the whole number of 
Senators and Representatives to which the State is entitled in 
Congress. This number is composed of two, representing the 
number of Senators, and a sufficient number in addition to give 
one Elector for each Representative in Congress, proportioned 
on the apportionment of Representatives provided by law, or if 
the apportionment has not been made on the last decennial cen- 
sus, the number provided under the old apportionment remains 
in effect. No Senator, Representative, or other Federal office- 
holder can be appointed as an Elector. It is the universal cus- 
tom to appoint Electors by popular ballot, though it was formerly 
the practice in some of the States, for the legislature to select the 
Electors. The power is given to Congress to choose the time of 
appointing the Electors, and the day on which they shall give 
their votes, which day must be uniform throughout the United 
States. The day of choosing the Electors has been fixed as the 
first Tuesday after the first Monday in November. The States 
are empowered to fill any vacancies which may occur in the list 
of Electors, and if no election occurs the legislature may set a 
later date for the election. In case of a dispute as to the legality 
of an election of any Elector or Electors, the determination of 
the person properly selected may be fixed by a provision of the 
State statutes, providing such a statute has been passed by the 
State Legislature six days prior to the second Monday in January, 
on which day the Electors are required to meet and cast their 
votes. The Secretary of State of each State must provide three 
copies of a list certifying the names of the persons who have been 



THE AMERICAN GOVERNMENT. 21 

properly elected as Presidential Electors. On the second Mon- 
day in January, the Electors must meet and cast their ballots for 
President and Vice-President respectively, making three copies 
of the number of ballots cast, and annexing to each copy the 
certified list of Electors, furnished them by the Secretary of 
State. These three certificates must be sealed up and a certifica- 
tion placed upon each of its contents, that it contains the re- 
sult of the election. One of the copies so sealed up is entrusted 
to a person, who is appointed by the Electors in writing to be de- 
livered by him to the President of the Senate of the United 
States, before the Wednesday next ensuing. The second copy 
is forwarded by the Post Office to the President of the Senate, 
and the third copy is deposited with the Judge of the United 
States District Court of the district in which the election has been^ 
held. 

The two Houses of the Congress meet in the House of Rep- 
resentatives Hall, at one o'clock in the afternoon of the second 
Wednesday in February, following the meeting of the Electors, 
to witness the count of the number of ballots thus cast. 
The President of the Senate presides and two members 
of each House are appointed as tellers, previously to the 
meeting in assemblage. The President of the Senate opens the 
ballots returned by the States in the alphabetical order of the 
States, beginning with the letter "A," and the result of each 
ballot is announced, and later the total result is declared. Should 
there be any objection to the ballots as returned, challenging their 
legality, such objection must be presented in writing and signed 
by at least one Senator and one Member of the House of Rep- 
resentatives. If objections are presented to the vote of any 
State, the opening of the ballots is suspended, and the Senate 
withdraws to consider the objections in separate session. The 
House also goes into separate session to consider the objections 
presented. If only one set of ballots is returned from a State, 
no vote may be rejected unless the two Houses concur that the 
Electors had not voted regularly. If more than one set of 
ballots are presented, those are to be counted which are certified 



22 THE AMERICAN GOVERNMENT. 

as regular by the machinery provided by the State to determine 
the regularity of such ballots, but if it appears that there are two 
authorities claiming to pass on the regularity of the votes, the 
matter is settled by concurrent vote of both Houses in separate 
session. If no machinery has been provided by the State for 
the determination of the regularity of the electoral ballot, the 
choice between contesting ballots is to be by concurrent action, 
and in case of disagreement between the two Houses, the 
certificate of the Executive of the State in question, as to the 
regularity of either of the ballots, is to be accepted. 

During the pendency of the question as to the regularity of the 
ballot of any State, no action can be taken on the returns of any 
other States. No recess of Congress can be taken except from 
day to day, unless over Sunday, and after five days, no recess at 
all can be taken. Upon the completion of the opening of the 
ballots and the tabulation of the results, the vote is declared by 
the President of the Senate as the official announcement of the 
election of the President of the United States. If the returns from 
any State are not received by the President of the Senate before the 
tourth Monday in January, the Secretary of State of the United 
States must send a special messenger to the Judge with whom 
the third copy of the election returns has been deposited, to 
secure that copy. When there is no President of the Senate 
in Washington to receive the returns, the Secretary of State is 
empowered to receive them. 

The term of the President of the United States begins on 
the fourth of March and ends on the fourth of March four years 
later. He can only refuse to serve or resign by a written state- 
ment under his own hand, addressed to the Secretary of State. 
In case o^either death, resignation or removal of the President, the 
Vice-President becomes the President of the United States, and 
successively in case of failures to serve, the Secretary of State, 
the Secretary of the Treasury, the Secretary of War, the At- 
torney General, the Postmaster General, the Secretary of the 
Navy, and the Secretary of the Interior are to serve, provided 
they are eligible under the Constitution and are not under im- 



THE AMERICAN GOVERNMENT. 23 

peachment proceedings. Such officials, serving as President of 
the United States, are to complete the term in which the vacancy 
exists, but if Congress is not in session or will not be in session 
within twenty days, after the time they assume the Presidential 
duties, they must convene Congress, giving twenty days' notice of 
the date of assembling. 

The administration of the executive duties imposed upon the 
President by the Constitution, and in the details of which he 
is to a considerable extent independent of the Congress, is no- 
where defined or set down in any set of rules binding upon the 
Chief Executive. The general policies of the government are 
framed by Congress, and means are provided for carrying them 
out through the various appropriation bills. It is the duty of 
the President to direct the machinery by which these expendi- 
tures are made and these operations are checked by the Treasury 
Department, the Secretary of which reports directly to Congress. 
The President is provided with a board of assistants, one of 
whom is at the head of each department, and all of whom con- 
stitute the President's advisory cabinet in the general administra- 
tion of affairs. With the exception of reports directed by Con- 
gress on public expenditures, the members of the cabinet are 
under the direction of the President as to duties which are not 
otherwise regulated by statute. The result of this centering of 
the responsibility of the conduct of the executive departments in 
the President, is to make him the final arbiter on all departmental 
matters. He is more or less, according to his disposition, the 
■directive force in each department. It is in his discretion how 
far he shall leave the determination of matters relating to any par- 
ticular department wholly to the Secretary of that Department, 
or how far he shall exercise personal direction and influence in 
such departmental affairs. He must inevitably exercise the decid- 
ing influence, not only in matters of general public policy, not 
regulated by Congress, but in affairs in which the interests of 
more than one department are concerned. Much of the Presi- 
dent's participation in the affairs of any department, depends 
upon the strength and ability of the cabinet officer charged 



24 THE AMERICAN GOVERNMENT. 

with the particular administration of those affairs. Much also 
depends upon the personal interest of the Chief Executive in 
the work of any given department. It is the general practice for 
all directions regarding departmental business, which may come 
from the Executive to be transmitted through the Departmental 
Head. There is nothing in law, however, to prevent the Presi- 
dent from giving personal directions to any official of any de- 
partment, or to prevent him from taking personal charge of any 
detail of the governmental work. 

Congress has at different times established commissions in- 
dependent of the main executive departments, for the purpose of 
carrying on specific lines of work, such commissions as the In- 
terstate Commerce Commission, the Civil Service Commission, 
and the Panama Canal Commission, together with other com- 
missions of less importance, having to do with more or less 
transitory duties, and being appointed by the President, are 
under his direction, sometimes by direct provision of statute, and 
sometimes by implication, and are at least subject to his advice 
and admonition, even when they are not susceptible of his individual 
direction. 

The nomination of a candidate for President of the United 
States, occupies the Spring and Summer of the year in which the 
Presidential election takes place. It was the practice in the 
earlier years of the Republic, for each State to present the name 
of a candidate. It would, of course, appear that certain of the 
candidates promised to command the greater strength than the 
body of the nominees, and it was the practice to solicit for them 
the support of the States of the weaker candidates. But as political 
parties became well defined and especially in the last half of the 
century, machinery for procuring the nomination of a man repre- 
senting the views of a given political party, has come into usage. 
The inception of such nomination is the mass assemblage of the 
party voters of the smallest subdivision of a municipality, that is to 
say, in the ward, or precinct, as the case may be. These voters 
elect certain delegates to a convention which represents the whole 
body of voters of their political faith in the State, and this conven- 



THE AMERICAN GOVERNMENT. 25 

tion in turn elects a given number of delegates to the national con- 
vention, the number of delegates in each case being determined by 
the strength of the party vote cast in the State in the preceding 
election. At the national convention of the party, meeting in 
some great city in June of the Presidential year, the general 
sentiment of the party has so far crystallized that the choice of 
availability lies generally between three or four men, each rep- 
resenting some particular section, or some particular shade of 
the party tenets. If the current administration is of the political 
party then holding the convention, and if the President retains 
the confidence of his party, a renomination is made by acclama- 
tion. Should the convention be that of the opposition, or should 
the President in office be unavailable, ballots are taken by states, 
each state voting i,i a body for the choice of candidates re- 
spectively, for President and for Vice-President. 

While national prominence is sought in a candidate it has 
been most generally the fact that the residence of an available 
man in a politically doubtful section, which would be influenced 
by the selection of a resident of that section, has been the chief 
determining factor in the Presidential nominations of modern 
political history. The Vice-Presidential candidate has been 
largely selected either for advantage of location in a similar way, 
or for his influence in connection with campaign contributions. 
No Federal statute covers the selection of the candidates of a 
party, though in some States laws have been enacted prescribing 
the method of primary elections for the selection of lesser candi- 
dates and of delegates to conventions. 

The President of the United States is generally regarded as 
the head of the national organization of his political party. 
Upon the nomination of a Presidential candidate the choice is 
accorded him of the Chairman of the National Committee having 
charge of the conduct of the campaign. Upon the induction of 
a new President into office, he is expected in his annual message 
to Congress to lay stress upon the policies which have been 
advocated in the compaign of the election, and he is supposed to con- 
sider party affiliations in the selection of at least his cabinet, and 



26 THE AMERICAN GOVERNMENT. 

to a large extent in the nomination of officers for confirmation 
by the Senate. With the Speaker of the House of Representa- 
tives, and the leader of his party membership in the Senate, he 
is supposed in a general way to shape legislation to conform to the 
promises of the party platform, subject to the expression of opinion 
made by the party members of Congress in caucuses held by Sena- 
tors and Representatives respectively. When differences have aris- 
en between the President and other prominent representatives of the 
party which nominated him. Presidents in the past have been ac- 
cused of treachery in not carrying out the majority expression of 
party sentiment. The situation herein described is entirely 
traditional and has no basis in constitutional or statutory pro- 
vision. Legally the sentiment of a political party has no binding 
force whatever upon the President, who has sworn to enforce the 
laws impartially, and without regard to affiliation with any sec- 
tion of his constituency. 

The President may or may not be the directive power in the 
general management of the party which elected him, outside of 
matters of legislation. This will largely depend on the circum- 
stances pertaining to current polities. It has sometimes been 
the fact that the President has been the actual power in his 
party, but it is more often that the real power is exercised by 
those who constitute the inner circle of the National Committee, 
an organization whose members are elected by the State Con- 
ventions and whose membership offers .an opportunity for se- 
curing and wielding real power by a man skilled in making com- 
binations. Such a man would be and has been able to utilize 
the Federal patronage for the advancement of his plans and can 
make the President subordinate in party affairs. Many political 
contests in the United States have grown out of the resistance 
of Presidents to party emulators of the great Warwick. 



THE AMERICAN GOVERNMENT. 27 



• CHAPTER III. 

The Congress — Senators of the United States — Members of 
THE House of Representatives. 

The national legislature of the United States of America, which 
is the Congress of the representatives of the sovereign States, 
is, apparently, strictly limited as to its powers by the terms of 
the Constitution. It may be remarked, by the way, that al- 
though this body is usually spoken of as Congress, its proper 
title is "The Congress," and it is so termed in law except when 
through inadvertence a slip is made into the popular form. When 
an examination is m,ade of the legislation effected by Congress 
'and supported by the courts, it becomes apparent that the Con- 
gressional powers are by no means as limited as they would 
seem to be upon a first reading of the Constitution. As a matter 
of fact, the Congress, as it is today with respect to its powers, 
is almost as much a self-creation as it is a creation of the Con- 
stitution. The terms of the latter document, which are sum- 
marized at a further point in this chapter, delegate to the Con- 
gress certain powers inherent in sovereignty. Certain powers, 
also equally attributes of sovereignty, have been reserved to the 
independent States, but between the two there is a field of gen- 
eral power and of possibility for legislation which can be and 
Avhich has been construed in favor of the Congress not only by 
the Congress itself, but by the judicial power of the United 
States culminating in the Supreme Court. Among the powers 
delegated to the Congress which have been given a wide latitude and 
which may be still further extended, is that which gives the 
Congress the power to provide for the general welfare of the 
United States. A strict construction would refer this to the 
matter of laying and collecting taxes only, yet propositions, in 
no way germane to the subject of taxation, have been argued 
out under this clause. The power to borrow money on the 



28 THE AMERICAN GOVERNMENT. 

credit of the United States and to coin money and regulate the 
value thereof, has been argued into a power to establish a cur- 
rency system for the country. The further power to make all 
laws which shall be necessary and proper for carrying into ex- 
ecution the other powers delegated, is a general provision under 
which the burden of proof is on the other side to show the in- 
validity of any measure that may be deemed by Congress to be 
within the grant of its powers. In support of a wide measure 
of construction of this clause, there are opinions dating from 
the earliest days of the Supreme Court that that body will not 
interfere with the work of the Congress in carrying out its 
legislative functions, unless it can be clearly shown that the 
measures taken are contrary to the terms of the Constitution or 
subversive of the intent of that document. 

The earliest departure from the strict construction of the 
powers of Congress was under the general welfare clause in the 
adoption of the policy of a system of internal improvements. 
This policy of securing a ready intercourse between the sea- 
board and the then undeveloped interior was supplemented by 
an improvement of the harbors of the sea coasts, which resulted 
in the tremendous system of river and harbor improvements, 
which have continued until the present day. Subsequent ex- 
tensions of the power of the Congress to legislate for the gen- 
eral sfood have followed upon real public needs, and their ac- 
companying public demands, but no more striking example of 
the manner in which the powers of Congress are extended in 
accordance with a general demand exists than is presented by 
the legislation under the clause which empowers Congress to 
regulate commerce with foreign nations and among the several 
States. In consequence of the grant contained in this power, 
the Congress has not only been able to inspect certain products 
produced within the States of the Union and to prescribe the 
conditions under which they shall be produced, but it has passed 
legislation intended to regulate mercantile competition, ostensi- 
bly in interstate commerce, but in reality within the States them- 
selves, and has further effected legislation which practically 



THE AMERICAN GOVERNMENT. 29 

prescribes the price at which transportation carried on by com- 
panies which are wholly and solely the creations of the indi- 
vidual States, shall be sold. In view of the extent to which the 
letter of the Constitution has been extended, it is useless to de- 
scribe as fixed and limited those things which the Congress 
can and cannot do. Certain matters are set down with definite- 
ness, but beyond and above them it would seem that the only 
limit to the construction that will be given to the general clauses 
of the Constitution is the sufficiently ardent desire of a suffi- 
cient number of people of the United States to add to the Con- 
gressional prerogative. 

Each Congress lasts for two years, beginning on the first Mon- 
day in December in the odd year, and concluding on the fourth 
of March in the following odd year. The first session of each 
Congress lasts until the completion of the business of the Con- 
gress, or rather until the hot weather makes Washington un- 
comfortable, and there is then no Congressional business which 
must absolutely be completed; that is to say, from the first of 
June to the first of July. This is known as the long session, 
and efforts are made during this session to complete the gen- 
eral legislation, for which the majority party has pledged itself 
at a previous election. The second session, ending at noon on 
the fourth of March, is mainly devoted to passing the necessary 
appropriation bills with as little general legislation as possible. 
In case matters of importance arise in the recess between the two 
sessions, or the business has not been completed, the Congress 
may be called together again by the President during the sum- 
mer or early fall. This, however, is seldom done, and has been 
done in recent years only to effect tariff legislation, while tariff 
legislation and the exigencies of war have extended the regular 
sessions of Congress far beyond the limits in certain years. 

SENATORS OF THE UNITED STATES. 

The establishment of the position of Senator of the United 
States is an example of the common sense in govermental mat- 



,30 THE AMERICAN GOVERNMENT. 

ters which has distinguished the Anglo-Saxon above all the 
other nations of the world. Theoretically, the creation of an 
artistocratic body in connection with the democratic form of 
government proposed by the Constitutional Convention was 
almost an absurdity. As an adjunct to the strictly representa- 
tive character of the lower House of the Congress, it repre- 
sents so diametrically opposite a theory of government that it 
might well have been argued that the Senate was an anomaly 
and wholly foreign to the purpose and project of a representa- 
tive government. While, however, the delegates to the Con- 
stitutional Convention talked and wrote at length in the style 
of the French philosophers of the period, they were none the 
less keenly alive to the practical side of the problem which lay 
before them and were more concerned in creating a form of 
government that would "march" than in making its details con- 
form to the philosophic principles upon which it was alleged to 
be based. The idea upon which the Constitutional Convention 
provided the legislative power of the United States has been 
tested by time and found to be sound. Repeated experiments 
"have been made with the single-chambered legislative body, and 
the results have shown that the fears of the conventionists were 
well founded, that is to say, that hasty and ill-considered legis- 
lation, stimulated by the expediency of the moment, is promoted 
by a single legislative body, and is checked by a dual legislative 
body. While the revolutionists in America ardently rejected the 
title and prerogative which was a part of the English House 
of Lords, they could not reject and ignore the substantial value 
of the weight of conservative opinion as a balance-wheel for the 
legislative machine. They were wholly familiar with the value 
of such checks in their own colonial affairs, since councils to the 
Governor and similar bodies had been constituted under the 
various charters to steady and dignify the popular branches of 
the law-framing bodies. It is fair to assume that the delegates 
to the convention foresaw what has since been seen to be the 
fact, that a numerous body of immediate representatives of the 
-people would be likely to be swayed by currents of public opinion 



THE AMERICAN GOVERNMENT. 31 

and hurried on to the enactment of opportunist legislation, only 
to be driven in the other direction and to the necessity of repeal 
when it appeared that an ill-considered remedy had failed of the 
desired effect. It is evident, from the Constitutional provisions — 
that Senators should be thirty years of age, that is, five years 
older than the minimum age of Representatives ; and should be 
nine years a citizen of the country as against seven years, the 
minimum for Representatives, — that it was proposed for the Sen- 
ate the selection of older, more conservative, and, from the 
method of their election, more carefully selected men than might 
be sent immediately from the people through the medium of 
direct popular representation. It is shown, of course, by the 
history of the Constitutional Convention, that the smaller and 
weaker States insisted upon equal representation in the upper 
branch as a defense against encroachment from the larger and 
more populous. This, however, it may be held, was not the main 
purpose of the establishment of the Senate, but rather that it 
was deliberately chosen as a check and conservator in the legis- 
lative enactments. The term of a Senator is six years, and his 
compensation is $7,500 per year. In order to further carry 
out the idea of a conservative body as the upper branch of the 
national legislature, it was provided by the Constitution that, 
upon the election of the first body of Senators, they should be 
divided as equally as might be into three classes ; the first class 
to serve for two years, the second for four years, and the third 
for six years. By means of this provision one-third of the mem- 
bership of the Senate passes out of office or comes up for re-elec- 
tion every two years. Senators are elected by the legislatures of 
their respective States, and must be, as has been stated, thirty 
years of age, nine years citizens of the United States, and resi- 
dents of States from which they are elected. 

The body which elects the United States Senator is sim.ilar in its 
constitution to the national legislature in having two separate and 
distinct chambers with a mutual check on legislative propositions 
It has, however, this important difference in most of the States, that 
both of the branches of the State legislative body are directly rep- 



32 THE AMERICAN GOVERNMENT. 

resentative, the members of the upper branch being elected by the 
ballot of the whole number of electors in the State, although repre- 
senting larger districts than the members of the lower house. This 
difference from the original pattern has lent some color of logic to 
the proposition that the Senators should be elected by the ballot of 
the whole people of the States they represent. Objection has been 
made that influences which may be used more effectively on a com- 
paratively small body of men than on the whole body of electors, has 
made it possible for certain interests to secure representation in the 
upper house of the national legislature to the detriment of legisla- 
tion for the interests of the whole people. It cannot, however, be 
successfully established as a general proposition that deliberations 
of the Senate and the consequent checks and delays of hasty action, 
with the changes that have been made in proposed legislation as it 
comes from the House of Representatives, have been materially and 
designedly injurious to the general welfare, in any case, while on 
the other hand it is apparent in every session of Congress that these 
checks and delays are of inestimable value in securing the consider- 
ation not only by the Congress itself, but by the people at large, 
of legislative propositions. At the same time there is nothing in 
the movement for the election of Senators by direct ballot of the 
people of the State which would interfere with the real purpose and 
efficiency of Senators. The crux of the theory is that of a select and 
more carefully chosen representation than in the lower house, and 
the means by which the special representative shall be chosen by 
the people do not seem to be material. Popular representation in 
the State Senate has not proved to be a failure, but, on the other 
hand, it must be remembered that State Senates have been made the 
subject of similar charges as to the representation of special inter- 
ests as have been against the Senate of the United States. 

In case of a vacancy in the senatorial delegation from a state 
during the recess of the Legislature the Governor makes a tempo- 
rary appointment until the Legislature can choose a person to fill out 
the unexpired term. The Senate of the United States is one of the 
few legislative bodies in the world which does not choose its own 
presiding officer. During the incumbency of the Vice-President of 



THE AMERICAN GOVERNMENT. 33 

the United States, that official is ex-officio the President of the 
Senate. Senators, however, elect a president pro tempore and also 
all of the other officers. The legislative rights, privileges and duties 
of a member of the Senate are described under the head of the mem- 
bers of the House cf Representatives. These in both cases are very- 
similar, but in addition the members of the Senate have the exclu- 
sive prerogative of acting upon treaties with foreign nations. 
/ Matters relating to the foreign affairs of the United States do not^ 
come before the House of Representatives except so far as it may- 
be necessary to pass appropriations to carry on proposed measures. 
All agreements with foreign nations which have the nature of formal 
treaties must be presented to the Senate for ratification. Unless 
two-thirds of the Senators present on the occasion of a vote on a 
treaty or convention vote in favor of the proposition, it is lost and 
the treaty, although it may have been solemnly concluded by the 
representatives of the two nations and approved by the President, 
cannot be ratified and becomes null and void. This power consti- 
tutes the rather unusual condition of a practical veto power granted 
to the legislative body over a branch of public negotiations which 
is otherwise entrusted to the President and his advisors. The Sen- 
ate also has a rule of holding secret or executive sessions, which is 
not paralleled by anything in the practice of the other house. Such 
sessions are supposed to be for the transaction of business relative 
to treaties and nominations, but are used as well for conferences 
between the Senators on matters in regard to which publicity is 
deemed inadvisable. 

In addition to the general prerogatives named, the members of 
the Senate hold the confirming power with reference to a large 
number of the Federal officers. Nominations made by the Presi- 
dent must be confirmed by the Senate before an appointment can 
be made, and it has frequently happened in the history of the United 
States, that a Presidential nomination has been negatived by, or has 
been withdrawn in the face of the opposition of, the confirming 
power. The members of the Senate also sit as judges in cases of 
impeachment, and when so sitting are under special oath or affirma- 
tion. The votes of two-thirds of the members present are required 



34 THE AMERICAN GOVERNMENT. 

for a conviction upon an impeachment. Owing to the continuous 
character of the organization of the Senate, it has its own peculiar 
code of rules and traditions, differing in many respects from those 
of the House of Representatives. The chief of these is the principle 
of Senatorial courtesy, under which business can only be transacted 
by consent of the minority, no method of closure such as is main- 
tained by the lower house, being in effect in the Senate. Senatorial 
courtesy refers also to the matter of nominations or patronage under 
a system in which the President and members of his political party 
in the Senate are frequently curiously entangled. A considerable 
number of the Presidential appointments refer to local places and con- 
stitute especially the Federal patronage with which it has been the 
tradition to reward political adherents. Each Senator of the same 
political party as the President expects to be consulted with regard to 
the persons from his State whom the President shall offer to the 
Senate for confirmation. In case the President names a person 
obnoxious to a Senator, the latter will, probably, through the oper- 
ation of Senatorial courtesy, be able to secure unfavorable action on 
the nomination, if the place is in the Senator's own State, and he 
is supported by his colleague, while an obnoxious nomination in a 
State not represented in the Senate by persons of the same political 
party as the Administration may also frequently be defeated. That 
is to say, that, except for excellent reasons, the other Senators will 
not stand with the President in ignoring the claims of a fellow- 
partisan on the patronage. in his own State, and will give the Senator 
a hearing and as favorable consideration as possible on other matters 
relating to his political prosperity ; this arrangement being, of course, 
mutual, and extending also to Senatorial members of the opposition 
when strong personal reasons exist. Senatorial courtesy is also 
exemplified in the matter of getting business before the Senate, the 
day's proceedings being arranged by agreement instead of by the pre- 
siding ofiicer, as in the House, and Senators are careful not to inter- 
fere with each other's business or plans and measures except upon 
unusual occasion. The most notable aspect of Senatorial courtesy, 
however, is that which enables a small minority to prevent final ac- 
tion upon a measure by continuing the debate and refusing to ac- 



THE AMERICAN GOVERNMENT. 35 

cede to a compromise for the purpose of getting to a vote on the 
matter. This personal prerogative of the individual has been car- 
ried so far that a member has been able, especially during the clos- 
ing hours of a session, to engage continuously in speaking upon a 
question, until the hour of adjournment arrived, thereby preventing 
a vote upon the measure to which he was opposed and in regard 
to which he was aware that he was in the minority. While this 
absence of what is technically known as a closure, that is, a pro- 
vision for ending a debate and taking a vote at the will of a majority, 
has been held to obstruct the transaction of public business, there 
is no question that it is of the greatest value in securing mature 
consideration of measures, while the severe closure rules in effect 
in the House have more than once been used to force the passage 
of ill-digested laws, on which the Senate has exercised the valua- 
ble function of amendment or disapproval. 

In addition to the compensation allowed Senators, $7500 and 
mileage at 10 cents a mile which is the same as that allowed mem- 
bers of the House, the smaller size of the Senate makes it possible 
for each Senator of the majority and many of the minority Senators, 
to have the chairmanship of a committee, with the accompanying 
perquisites of a Committee Room and clerk hire. Rooms are also 
provided for Senators not having committee chairmanships. The 
stationery arid contingent fund of the Senate is also more liberal 
in the matter of personal perquisites than would be possible in 
the larger membership of the House. 

With a single exception, the legislative functions of a Senator are 
not materially different from those of a Member of the House of 
Representatives. That exception is, however, an extremely impor- 
tant one and consists of the lack of the power to originate revenue 
bills. It is held that the exclusive jurisdiction conferred by the 
Constitution on the House of Representatives to originate all bills 
for raising revenue extends also to the origin of appropriation bills, 
and it is a point on which the House of Representatives is tenacious 
that not only shall the Senate not begin legislation for the annual 
appropriations, but that it shall not put provisions in appropriation 
bills that are entirely novel propositions and that have not been ap- 



36 THE AMERICAN GOVERNMENT. 

proved by the lower body. The Senate has, however, the right of 
amendment of bills for raising revenue and frequently substitutes its 
own measure for a House measure, but this under the color of an 
amendment which strikes out all after the enacting clause and sub- 
stitutes the Senate bill. Thus in bills imposing a tariff on imports, 
while the bill is originally framed in the House, it is subject to so 
considerable amendment in the Senate that at least one tariff bill 
has returned to the lower House almost unrecognizable. The ex- 
clusive authority over the inception of appropriation bills seems to 
be something in the nature of an arrogated authority by the House 
of Representatives, but it is substantially maintained by the re- 
fusal of the House to agree to obnoxious amendments, and it is 
challenged by the Senate most frequently for the purpose of secur- 
ing a vantage ground from which to secure concessions in confer- 
ences between the two Houses. 

Besides the recommendatory function before-mentioned exercised 
by a Senator with relation to the Federal appointments in his State, 
he recommends persons to fill one of the two cadetships at West 
Point provided for each State, the appointments being made by the 
President, and nominates under the provisions of law candidates, 
to keep two midshipmen continuously at the Naval Academy at 
Annapolis. 

When charges presented against the President, a member of 
the judiciary or other public official subject to impeachment are 
formulated by the House of Representatives and presented to 
the Senate, the latter sits as a judicial body for the trial of 
the case, presided over by the Vice-President, except in cases 
of impeachment of the President, when, for obvious reasons, the 
Chief Justice of the United States presides. The case is prose- 
cuted by a committee of the House and defended by private 
attorneys. On completion of the testimony and arguments, 
the decision is effected by vote of the Senators, and it is nec- 
essary that two-thirds of those present shall vote in support 
of the charges in order to secure an impeachment with conse- 
quent removal from office and disqualification for subsequent 
public employment. 



THE AMERICAN GOVERNMENT. 37 

COMMITTEES OF THE SENATE. 
STANDING COMMITTEES. 

Agriculture and Forestry ; Appropriations ; Audit and Control the Contin- 
gent Expenses of the Senate; Canadian Relations; Census; Civil Service and 
Retrenchment; Claims; Coast and Insular Survey; Coast Defenses; Com- 
merce ; Corporations Organized in the District of Columbia ; Cuban Relations ; 
District of Columbia; Education and Labor; Engrossed Bills; Enrolled Bills; 
Examine the Several Branches of the Civil Service; Finance; Fisheries; 
Foreign Relations ; Forest Reservations and the Protection of Game ; Geo- 
logical Survey; Immigration; Indian Affairs; Indian Depredations; Inter- 
oceanic Canals; Interstate Commerce; Irrigation; Judiciary; Library; Manu- 
facturers; Military Affairs; Mines and Mining; Mississippi River and Its 
Tributaries; Naval Affairs; Organization, Conduct and Expenditures of the 
Executive Departments; Pacific Islands and Porto Rico; Paciiic Railroads; 
Patents; Pensions; Philippines; Post Offices and Post Roads; Printing; 
Private Land Claims; Privileges and Elections; Public Buildings and 
Grounds; Public Health and National Quarantine; Public Lands; Railroads; 
Revision of the Laws of the United States; Revolutionary Claims; Rules; 
Territories ; Transportation Routes to the Seaboard ; University of the United 
States. 

SELECT COMMITTEES. 

Additional Accommodations for the Library of Congress; Disposition of 
Useless Papers in the Executive Departments ; Examination and Disposition 
of Documents ; Five Civilized Tribes of Indians ; Industrial Expositions ; 
Investigation of the Condition of the Potomac River Front at Washington; 
Investigate Trespassers upon Indian Lands; National Banks; Standards, 
Weights and Measures; Transportation and Sale of Meat Products; Ventila- 
tion and Acoustics; Woman Suffrage. 

SPECIAL SESSIONS OF THE SENATE. 

Year. Date of beginning. Date of adjournment. 

1791 Friday, March 4 Friday, March 4. 

1793 Monday, March 4 Monday, March 4. 

1795 Monday, June 8 Friday, June 26. 

1797 Saturday, March 4 Saturday, March 4. 

1798 Tuesday, July 17 Thursday, July 19. 

1801 Wednesday, March 4 Thursday, March 5. 

1809 Saturday, March 4 Tuesday, March 7. 

1825 Friday, March 4 Wednesday, March 9. 



38 THE AMERICAN GOVERNMENT. 

SPECIAL SESSIONS OF THE SENATE- Continued. 

Year. Date of beginning. Date of adjournments 

1829 Wednesday, March 4 Tuesday, March 17. 

1837 Saturday, March 4 Friday, March 10. 

1841 Thursday, March 4 Monday, March 15. 

1845 Tuesday, March 4 Thursday, March 20. 

1849 Monday, March 5 Friday, March 23. 

1851 Tuesday, March 4 Thursday, March 13. 

1853 Friday, March 4 Monday, April 11. 

1857 Wednesday, March 4 Saturday, March 14. 

1858 Tuesday, June 15 Wednesday, June 16. 

1859 Friday, March 4 Thursday, March 10. 

i860 Tuesday, June 26 Thursday, June 28. 

1861 Monday, March 4 Thursday, March 28. 

1863 Wednesday, March 4 Saturday, March 14. 

1865 Saturday, March 4 Saturday, March 11. 

1867 Monday, April i Saturday, April 20. 

1869 Monday, April 12 Thursday, April 22. 

1871 Wednesday, May 10 Saturday, May 27. 

1873 Tuesday, March 4 Wednesday, March 26. 

1875 Friday, March 5 Wednesday, March 24. 

1877 Monday, March 5 Saturday, March 17. 

1881 Friday, March 4 Friday, May 20. 

Monday, October 10 Saturday, October 29. 

1885 Wednesday, March 4 Thursday, April 2. 

1889 Monday, March 4 Tuesday, April 2. 

1893 Saturday, March 4 Friday, April 14. 

1897 Thursday, March 4 Wednesday, March 10. 

1901 Monday, March 4 Saturday, March 9. 

1903 ; . . . Thursday, March 5 Thursday, March 19. 

1905 Saturday, March 4 Saturday, March 18. 

COURT OF IMPEACHMENT. 

The Senate has sat as a Court of Impeachment in the cases of the follow- 
ing accused officials, with the result stated and for the periods named: 

V\aLLIAM BLOUNT, a Senator of the United States from Georgia;. 
charges dismissed for want of jurisdiction; Monday, December 17, 1798,. 
to Monday, January 14, 1799. 



THE AMERICAN GOVERNMENT. 39 

JOHN PICKERING, Judge of the United States District Court for the 
District of New Hampshire; removed from office; Thursday, March 3, 1803, 
to Monday, March 12, 1804. 

SAMUEL CHASE, Associate Justice of the Supreme Court of the United 
States; acquitted; Friday, November 30, 1804, to March i, 1805. 

JAMES H. PECK, Judge of the United States District Court for the Dis- 
trict of Missouri; acquitted; Monday, April 26, 1830, to Monday, January 

31, 1831- 

WEST H. HUMPHREYS, Judge of the United States District Court for 
the Middle, Eastern, and Western Districts of Tennessee ; removed from 
office; Wednesday, May 7, 1862, to Thursday, June 26, 1862. 

ANDREW JOHNSON, President of the United States; acquitted; Tues- 
day, February 25, 1868, to Tuesday, May 26, 1868. 

WILLIAM W. BELKNAP, Secretary of War; acquitted; Friday, March 
3, 1876, to Tuesday, August i, 1876. 

CHARLES SWAYNE, Judge of the United States District Court for the 
Northern District of Florida ; acquitted ; Wednesday, December 14, 1904, to 
Monday, February 27, 1905. 

MEMBERS OF THE HOUSE OF REPRESENTATIVES. 

Whatever may have been the indecision of the members of the 
Constitutional Convention as to the powers and duties to be as- 
cribed to other portions of the governmental machinery they were 
constructing, there is no reason to suppose that there was any 
doubt among them as to the powers and prerogatives of the 
members of the lower House of the legislative body of the 
new nation. Many, if not most of the delegates, had been mem- 
bers of the Continental Congress and of the legislative body of 
the short lived Confederation and the members of the Constitu- 
tional Convention could well anticipate that they would them- 
selves constitute the bulk of the lower House of the Congress 
for which they were to provide. The theory upon which the 
Revolution had been fought was that of the establishment of a 
government by a representative body. It was the legitimate 
outcome of the Anglo-Saxon idea represented successively by 
the primitive folk-mete, the English Parliament, the Colonial 
town meeting, and the general courts of the governments which 
had been self-erected by the independent colonies. There was 
some question and discussion of the powers which the States 
might confer upon the general assembly, but no question as to 



40 THE AMERICAN GOVERNMENT. 

the nature of the national assembly itself. As the earlier repre- 
sentative bodies had been composed of delegates from the great 
body of the people themselves, there was no other provision 
to be made but that the popular branch of the government 
should be similarly chosen. 

The first provision with relation to a member of the House 
of Representatives of the United States, is that he shall be 
chosen by electors having the same qualifications as the electors 
who choose the most numerous branch of the State Legislature. 
In this provision, bringing the House of Representatives into the 
closest touch with a people choosing its own government, there 
is warrant in ranking the member of the House of Representa- 
tives as second only to the President in importance in the list 
of the officers of the Federal organization. While by courtesy 
divers other officers are given higher rank, the power and im- 
portance of the member of the House of Representatives is 
superior to that of any other official except the Executive, and 
in some respects it is co-equal with that of the President, himself. 

A member of the House of Representatives of the Congress 
of the United States must have attained to the age of twenty-five 
years and have been a citizen of the United States for seven 
years. He must be an inhabitant of the State in which he is 
chosen, but need not necessarily be a resident of the particular 
Congressional district he represents, although it is usual to 
restrict the selection of Representatives to the actual inhabitants 
of the respective districts. In the original Constitution citizen- 
ship of the United States was not considered in the qualifica- 
tions of the electors of Representatives. There is, however, in the 
14th amendment of the Constitution, ratified in 1868, a pro- 
vision penalizing such States as shall deny the right to vote 
for Representatives in Congress to citizens of the United States. 

A reduction in the basis of representation in the House of 
Representatives, equal to the proportionate number of citizens of 
the United States so denied the right to vote is provided for, 
but, it may be added, this provision is not enforced. The basis 
of representation, fixing the number of members of the House 
of Representatives is one Representative for every thirty thou- 



THE AMERICAN GOVERNMENT. 



41 



sand, but each State is to have at least one Representative. The 
whole number of persons in each State, excluding Indians not 
taxed, is to be counted in making up the result on this basis 
of representation, unless the penalizing clause above stated be- 
comes effective. A census is required by the Constitution to be 
taken every ten years, and the apportionments under the de- 
cennial censuses have been as follows : 



states. 


2'^ 

■^ 2 

ft 
V a 


3 


i 


3 
go 

^» 
u 


R 

g 

3 

'4< 


0) 

s 

a . 
11 


3 

It 


a 

u . 


3 " 
1 


3 
a 

5 « 

is 


of 

3 

a . 
1; 
t^ 

■Cm 

a 


3 
. 

a 


3 

c ,„- 

^3 

w 


3 
a 

^ M 


Alabama 








I 


3 


5 

I 


7 

I 
2 


7 
2 
2 


6 
3 
3 


8 
4 
4 
I 
4 
I 
2 
9 


8 

i 
I 
4 
I 
2 
10 
I 
20 

13 
II 

7 
II 

6 

4 
6 
12 
II 

5 
7 
14 

I 

3 

I 
2 
7 

34 
9 
I 

21 
I 

28 
2 

7 
2 

10 
II 


9 

6 

7 
2 

4 
I 
2 
II 
I 
22 
13 
II 
8 
II 
6 

4 
6 

13 
12 

7 
7 

15 
I 
6 
I 
2 
8 

34 
9 
I 

21 
2 

30 
2 

7 
2 

10 

13 
I 
2 

10 
2 
4 

10 
I 


9 

7 

8 
















:.:::: .:::;: 




Colorado 






i 




3 
5 


Connecticut 


5 

I 


7 

I 


7 

I 


7 
2 


6 
I 


6 

1 


4 
I 

I 
8 


4 
I 

I 
8 


4 

I 
I 
7 


Florida 


3 
II 




3 


2 


4 


6 


7 


9 


Idaho 












I 
I 


I 
3 


3 
7 


7 

10 
2 


9 
II 
2 


14 
II 
6 
I 
9 
5 
5 
5 
10 
6 
2 
5 
9 


19 

13 
9 
3 

10 
6 
5 
6 

II 
9 
3 
6 

13 


25 
13 


Indiana 






















8 


Kentucky 




2 


6 


10 

1 

9 
13 


12 
3 
7 
9 

13 


13 
3 
8 
8 

12 
I 


10 
4 
7 
6 

10 
3 


10 
4 
6 
6 

II 

4 
2 

5 

7 


II 






7 

t 
14 
12 










Maryland 

^ias.sachusctts 


6 

»8 


s 
14 


9 
17 














9 

8 
16 


Mississippi 








I 


I 
I 


2 
2 


4 
5 


Montana 










I 




















I 
I 
3 
5 
31 
7 


I 
I 
3 
7 


6 




















I 


New Hampshire. . . 

New Jersey 

New York". 


3 
4 
6 

5 


4 
5 
10 
10 


5 
6 

17 
12 


6 
6 

27 
13 


6 
6 

34 
13 


5 

6 

40 

13 


4 

5 

34 

9 


3 

5 

33 

8 


2 
10 
37 


North Carolina. . . . 
North Dakota . . 


10 
2 


Ohio 






I 


6 


14 


19 


21 


21 

I 

25 

I 


19 

I 

24 
2 

4 


20 
I 

27 
2 
5 


21 


Oregon 






2 


Pennsylvania 

Rhode Island 

South Carolina. . . . 
South Dakota 


8 

I 
5 


13 
2 

6 


iS 
2 

8 


23 
2 

9 


26 
2 
9 


28 
2 
9 


24 
2 

7 


32 

2 

7 

2 


Tennessee 




I 


3 


6 


9 


13 


II 
2 


10 
2 


8 
4 


10 

6 


10 


Texas 




16 


Utah 














I 


Vermont 




2 
19 


4 
22 


6 
23 


5 
22 


5 
21 


4 
15 


3 
13 


3 
II 


3 
9 


2 
10 
I 
4 
9 
I 


2 


Virginia 


10 


10 




3 






















3 

8 


5 
















2 


3 


6 


II 














I 






















Total 


65 


106 


142 


1S6 


213 


242 


232 


237 


243 


293 


332 


357 


386 



42 THE AMERICAN GOVERNMENT. 

Where but a single Representative falls to a State, such 
Representative is elected from the State at large. Where there 
is more than one Representative the State is divided into Repre- 
sentative districts by action of the State Legislature, and it 
sometimes occurs that one or more Congressmen at large are 
elected by the entire body of State electors in States having 
more than one Representative, this action being due to the failure 
of the legislature to divide the State into the requisite number 
of Representative districts. It is generally the purpose of the 
majority of a State Legislature in creating Representative dis- 
tricts, to afford as far as possible within the limits of public 
policy, the advantage to the political party dominant in the State 
at the time of the adjustment of district limits. An excessive 
distortion of district lines so as to procure political advantage, 
is called a gerrymander, a term originating in the construction 
of a Congressional district in Massachusetts, which when map- 
ped out, had the general outlines of a salamander. The name of 
Elbridge Gerry, who was supposed to have been the moving 
spirit in the arrangement, was combined with the name of the 
fabled animal to coin the now celebrated political cognomen. 
J Vacancies occurring in the representation in any State are 
filled by a special election, and no person has any appointive 
power with regard to a member of the House of Representa- 
tives. The members of the House choose the Speaker and other 
officers of the House by ballot. The sole power of impeach- 
ment lies in the members of the House of Representatives. The 
President, Vice-President, and all civil officers of the United 
States may be removed upon impeachment. Treason and brib- 
ery are specifically named as ground for impeachment, and 
other high crimes and misdemeanors are left to definition by 
the impeaching power. Upon the presentation of charges 
forming ground for impeachment, the subject is referred to 
a Committee of the House, and upon a report of the 
Committee favoring impeachment, the matter is considered by 
the whole House, which decides upon the manner in which the 
managers of the impeachment shall be selected. Proceedings 
having been decided upon, the whole House proceeds in theory 



THE AMERICAN GOVERNMENT. 4^ 

before the Senate, which acts as the court of impeachment. In 
practice, however, the House is represented and the case con- 
ducted by the members of the House of Representatives ap- 
pointed as managers. 

The members of the House of Representatives are judges of 
the election and qualifications of the members of the House. 
It is necessary that the majority of the members of the House 
be present in order that business may be conducted, but a smal- 
ler number than a majority of the members may meet and may 
compel the attendance of absent members vmder such conditions 
as may have been provided by the rules adopted by the House, 
or established by precedent. A member may not be absent 
from the sessions of the House, except he is excused, and a 
member absent without excuse may be brought to the bar of 
the House by the Sergeant-at-Arms, and renders himself, by such 
absence, liable to such penalties as the House may impose. 
Members may also be punished for disorderly behavior, and a 
member may be expelled by a concurrence of two-thirds of the 
House. The House of Representatives cannot adjourn for more 
than three days during the session of Congress without the 
consent of the Senate, and cannot adjourn to any other place 
than that in which the two Houses may be sitting. Provision 
is made in the Constitution for an open ballot, in the require- 
ment that yeas and nays on any vote shall be entered upon the 
journal upon the desire of one-fifth of the members present. 
Rules have been adopted with the purpose of enabling the ma- 
jority of a quorum to transact business, notwithstanding the 
obstruction of a minority, and the rights of the minority are to some 
degree safeguarded by the same code of laws and rules. 

A member of tlie House of Representatives receives a com- 
pensation which is now fixed by law, at seven thousand five 
hundred dollars a year, and mileage at the rate of ten cents a 
mile for attending and returning from sessions. He also re- 
ceives an allowance for stationery, amounting to one hundred 
and fifty dollars per year, and is allowed clerical assistance to 
the amount of one thousand five hundred dollars per year. Mem- 
bers who are chairmen of committees are allowed the services 



44 THE AMERICAN GOVERNMENT. 

of clerks of committees for their own legislative business as 
well as for the business of the committees. Committee clerks 
are of two classes, annual clerks, and session clerks, the former 
receiving generally two thousand dollars per year, though the 
range of salary is from twelve hundred to fourteen hundred 
dollars per year, and the latter six dollars per diem. 

Members of the House of Representatives as well as Senators 
are highly privileged and are exempt from arrest during their 
attendance at the session of the House, and during the time of 
their going to and returning from the session, this being con- 
strued to mean, not only the time actual appearance in the House, 
and of going to and from their residences in Washington, but 
as well the entire time of their residence in Washington during 
the session of Congress, and the time which many elapse from 
their departure from their legal residences to their return there- 
to. They may not be questioned for any speech or debate in 
the House, at any place, and it is also held that interference or 
protest on the part of the Executive, or of a member of either 
House of Congress, against the speech, vote, or motion of a 
member of the lower House, constitutes a breach of his privi- 
lege and of the privileges of the House of Representatives. Any 
question affecting the privilege of a member, or of the House, 
takes precedence over other business. 

Members of the House of Representatives may not be ap- 
pointed to any civil Oiffice under the United States which has 
been created, or whose compensation has been increased, dur- 
ing the time for which he is elected, and no person holding 
office under the United States can be a member of the House. 

A prerogative of the highest power is given exclusively to 
the members of the House of Representatives in that all bills 
for raising revenue must originate in that House. This covers 
that very important class of legislation relating to the imposition 
of taxes on imports, as well as internal revenue provisions 
and other enactments from which a revenue is derived for the 
support of the general government. The House of Representa- 
tives also claims the initiative in preparing measures appropriat- 
ing money for the expenditures of the general government, and 



THE AMERICAN GOVERNMENT. 45 

regards as an encroachment upon the privileges of the House, 
original propositions by the Senate for the expenditures of 
public moneys, While the revenue bills are subject to amend- 
ments in the Senate and frequent and extensive amendments 
of appropriation bills are also made in the upper House, it is 
the theory that the House of Representatives has the control 
of the means of governmental expenditures, which is the found- 
ation of real governmental power. The provision that bills for 
raising revenue shall originate in the House of Representatives, 
is an echo of the historic contests of the English Kings with 
their parliaments, and the prerogative of directing national ex- 
penditures which had been achieved by the English House of 
Commons as the basis of the similar claim to the power which 
has been continued in the popular branch of the newer Anglo- 
Saxon government. 

The powers delegated by the States to the Congress, and in 
which the House of Representatives participates, are as follows: 

To raise moneys by taxes, impositions, duties, and excises 
which shall be uniform throughout the United States, for the 
purpose of paying the debts of the government and to provide 
for the general welfare of tlie country, and in anticipation of 
revenues to be thus raised, to borrow money on the credit of 
the United States and to direct the disposition of the public land 
and other public properties. 

It is empowered, also to regulate commerce with foreign 
nations, and with Indian tribes, and among the several States. 
The latter provision has been given perhaps the widest con- 
struction of any of the provisions of the Constitutions, since 
from it has been derived the power to regulate the rates of trans- 
portation of persons and commodities, and to provide for inspec- 
tion and regulation of trade in many lines. 

A uniform rule of naturalization by means of courts of record 
was authorized and has been established. 

The authorization of a bankruptcy law, general throughout 
the United States, was given in the Constitution, but was not 
taken advantage of until 1867. 



46 THE AMERICAN GOVERNMENT. 

Congress may, and does, establish means for coining money 
and determines the values of the coins, and fixes the value of 
foreign coins, and is the authoritative source of standards of 
weights and measures throughout the United States. Upon the 
authority to coin money and the provision which grants power 
to borrow money on the credit of the United States, it bases its 
action in directing the issue of treasury notes and of legal ten- 
der certificates representing money so coined In connection 
with this power it is given authority to provide for the punish- 
ment of counterfeiting the securities and coins of the United 
States. 

It is empowered to establish postoffices and post roads. 
The latter provision was chiefly useful during the earlier days 
of lack of communication with remote sections of the Union, 
not provided with road facilities. It has, however, been utilized 
for establishing rights of way over bridges and upon the rail- 
road systems of the country. Whether it may be utilized as 
a Constitutional provision on which to establish a system of 
national railroads, may be a nice question for the future to decide. 

Congress is empowered to promote science and the useful 
arts, in a manner which is represented by the patent and copy- 
right system of the Federal Government. 

It may constitute courts inferior to the Supreme Court, the 
latter being established by the Constitution. 

The foregoing provisions are those which appertain to sov- 
ereignty, and the following especial attributes of the sovereign 
are bestowed upon the Congress : to declare war, raise and sup- 
port armies, with the proviso that no continuing appropriation 
shall be made for this purpose for a longer term than two years. 
As an auxiliary power Congress may grant letters to private 
persons to empower them to seize any vessels of a nation against 
which war is being waged, and the power is specified to make 
rules with regard to both land and water captures. As a further 
auxiliary to the Federal armies, the militia of the various 
States may be called out for the purpose of supporting the laws 
and to repel invasion. In order that the auxiliary may be made 



THE AMERICAN GOVERNMENT. 47 

an effective one, Congress may provide for organizing and arm- 
ing the militia, and may prescribe the discipline under which they 
shall be trained, but the States themselves reserve the authority 
of training the militia under ordinary circumstances, and of the 
appointment of their officers. Such part of the militia, however, 
as may be employed in the service of the United States, is to be 
governed by provisions made by Congress. 

The House of Representatives also shares in a certain por- 
tion of the foreign relations of the United States, namely, in 
the power to define and punish piracy and other felonies com- 
mitted upon the high seas, and all offenses against the law of 
nations. The major portion of the foreign relations, the power 
to declare war excepted, is vested in other than the House of 
Representatives. 

The House of Representatives with the Senate the govern- 
ing power having exclusive legislative rights over the District 
of Columbia and over the places purchased from and ceded by the 
several States, for the location of necessary structures belong- 
ing to the Federal Government, such as forts, arsenals, navy 
stations, lighthouse installations, etc. In the way of general 
powers, the House of Representatives shares in the authoriza- 
tion of Congress to make laws necessary for the carrying into 
effect of the powers granted to it, and of powers vested by the 
Constitution in the general government, or in departments, or 
officers of it. 

In the way of limitation, there is a distinct provision con- 
tained in the loth amendment of the Constitution, being the final 
provision of those demanded by certain States as a condition 
of entering into the grant of powers contained in the original 
Constitution, that the powers not specifically delegated to the 
United States, are reserved to the respective States or to the 
people. The limitations specifically set forth are, that the privi- 
lege of the right of habeas corpus shall not be suspended, un- 
less public safety requires it ; that no direct tax shall be laid 
except in proportion to the general census ; that no export tax 
shall be applied to any State ; that no preference shall be given.; 



48 THE AMERICAN GOVERNMENT. 

ports of one State over another; that duties shall not be im- 
posed upon vessels going from one State to another; that no 
money shall be taken from the Treasury without an appropria- 
tion; that no title of nobility shall be granted by the United 
States; that the right of speedy and public trial by jury in 
criminal cases, and jury trial in common lawsuits for a value of 
more than twenty dollars, shall be preserved ; that excessive 
bail, excessive fines, and cruel and unusual punishments, shall 
be prohibited. The States, on the other hand, agree with Con- 
gress, that no State shall undertake to exercise the rights and 
prerogatives of sovereignty above described, and which have been 
conferred upon the Congress, with the sole proviso covering actual 
invasion or imminent danger which will not permit of delay in the 
use of armed forces. 

The direct appointive power of members of the House of Repre- 
sentatives is limited to that of personal and committee clerks and 
of midshipmen at the Naval Academy, representing their districts. 
They are allowed to maintain two midshipmen continuously at the 
Academy, candidates being subject to examination by the Navy 
Department. The former theory of patronage by which positions in ' 
the civil service were allotted to Congressional districts has been 
abolished by the Civil Service Act, but members of the House of 
Representatives are supposed to have a certain privilege of recom- 
mendation to Federal offices filled by the President in their dis- 
tricts if such members are of the same political party as the Ad- 
ministration. The underlying theory is that the Representative 
is able to officially vouch for the character of an appointee, but 
the recommendatory privilege is the last remnant of a former 
powerful patronage exercised by the Representatives in Congress 
of the dominant party. The full extent of such patronage con- 
sists of places as postmaster, internal revenue and customs offi- 
cials and a small number of places under the control of the offi- 
cers of the House of Representatives, the employees of the House 
still being appointed in accordance with a spoils system similar 
to that which was abolished when the merit system was adopted 



THE AMERICAN GOVERNMENT. 49 

in the civil service of the government for other than direct Presi- 
dential appointments. 

Finally, among the prerogatives accruing to a member of the 
House of Representatives is that which he holds jointly with the 
member of the Senate, that of proposing amendments to the Con- 
stitution, the fundamental law of the land. The concurrence of two- 
thirds of the membership is necessary to propose an amendment to 
the States for ratification. 

Formerly only those members of Congress who were chairmen of 
committees were furnished with office rooms in the Capitol, the 
remainder of the membership being expected to use their desks in 
the House of Representatives hall for the transaction of public busi- 
ness, and if this did not suffice to frequent the committee rooms of 
others or hire quarters outside. The new building of the House of 
Representatives has been designed to furnish each Representa- 
tive with one office, while a corresponding building on the other 
side of the Capitol will provide rooms, and, in some cases, suites, 
for the Senators. 

The relations between the House of Representatives and the Senate 
are carefully adjusted with a view of preventing friction, which, 
nevertheless, sometimes arises On all measures except those re- 
lating to raising revenue and appropriations, propositions for leg- 
islation may be introduced either in the House or the Senate ; as 
a matter of fact a very large number of identical bills are intro- 
duced, both in the House and the Senate, for the purpose of facil- 
itating their enactment. 

All bills are referred to appropriate committees for action, and the 
first effort of the advocates of a measure is to get a favorable report 
from the committee. This favorable report gives the bill a position 
on the calendar of the House or Senate, and either by arrangement 
with the Speaker or with the Senate "steering" committee, it comes 
before the session for discussion and action. Appropriation and cer- 
tain other bills in the House are referred on report by the committee 
to a Committee of the Whole House, which is the entire member- 
ship of the House, but with some one other than the Speaker in 



50 THE AMERICAN GOVERNMENT. 

the chair. When perfected such bills are reported to the House 
itself for final passage. Bills which have been passed by one 
House are sent to the other for action. If they are passed with- 
out amendment they go at once to the President for signature. 
If, however, they are passed with one or more amendments they 
are "messaged" back to the House in which they originated for 
its action on the amendments. 

A message having been received that the other House has passed 
a bill with amendments, the House in which the bill originated 
either concurs in the amendments or disagrees to them. In the 
latter case the bill is returned to the other House, stating a disagree- 
ment with the amendments of that House. The other House may 
either recede from its amendments or decline to recede therefrom. 
In the first case the bill passes in its original form; in the second, 
the bill is returned to the House where it originated, with the 
message that the second House insists on its amendments and 
requests a committee of conference. Members of such a com- 
mittee being appointed by each of the two Houses, the committee 
confers, and if it can arrange the points of disagreement between 
the Houses, a report is made to either House in which the recom- 
mendation may be for the amending House to recede from its 
amendment, the originating House to recede from its disagree- 
ment with the amendment, or either or both to recede with an 
amendment. If the conferees fail to agree, the originating House 
notifies the other that it still disagrees, and may "still further" 
disagree until the point of no possibility of an agreement exists, 
when one House may notify the other that it "adheres," and the 
second House must then either recede or the measure fails. It 
is seldom that this final point is reached, and even when notice 
of adherence is given it can be recalled and a less decided mes- 
sage which would permit of a conference substituted. 

In addition to members of the House from the States, there is a 
delegate from each Territory, including Porto Rico, elected by the 
people of the Territories, who have seats on the floor of the House, 
membership on committees, and the pay and emoluments of mem- 
bers. They can only speak, however, on matters relating to the 



THE AMERICAN GOVERNMENT. 51 

affairs of their respective Territories and cannot vote on any meas- 
ure. 

COMMITTEES OF THE HOUSE. 

Accounts ; Agriculture ; Alcoholic Liquor Traffic ; Appropriations ; Bank- 
ing and Currency ; Census ; Claims ; Coinage, Weights and Measures ; Dis- 
position of Useless Executive Papers; District of Columbia; Education; 
Election of President, Vice-President, and Representatives in Congress; 
Election No. i; Election No. 2; Election No. 3; Enrolled Bills; Expendi- 
tures in the Department of Agriculture ; Expenditures in the Department 
of Commerce and Labor; Expenditures in the Department of Justice; Ex- 
penditures in the Interior Department; Expenditures in the Navy Depart- 
ment; Expenditures in the Post Office Department; Expenditures in the 
State Department; Expend'tures in the Treasury Department; Expenditures 
in the War Department ; Expenditures on Public Buildings ; Foreign Affairs ; 
Immigration and Naturalization; Indian Affairs; Industrial Arts and Expo- 
sitions ; Insular Affairs ; Interstate and Foreign Commerce ; Invalid Pen- 
sions ; Irrigation of Arid Lands ; Judiciary ; Labor ; Levees and Improve- 
ments of the Mississippi River; Library; Manufactures; Merchant Marine 
and Fisheries; Mileage; Military Affairs; Militia; Mines and Mining; Naval 
Affairs ; Pacific Railroads ; Patents ; Pensions, Post Office and Post-Roads ; 
Printing; Private Land Claims; Public Buildings and Grounds; Public 
Lands ; Railways and Canals ; Reform in the Civil Service ; Revision of the 
Laws ; Rivers and Harbors ; Rules ; Territories ; Ventilation and Acoustics ; 
War Claims ; Ways and Means. 

Alabama : representative districts. 

First District : Counties. — Chocktaw, Clarke, Marengo, Mobile, Monroe 
and Washington. 

Second District : Counties. — Baldwin, Butler, Conecuh, Covington, Cren- 
shaw, Escambia, Montgomery, Pike and Wilcox. 

Third District : Counties. — Barbour, Bullock, Coffee, Dale, Geneva, 
Henry, Houston, Lee and Russell. 

Fourth District : Counties. — Calhoun, Chilton, Cleburne, Dallas, Shelby 
and Talladega. 

Fifth District : Counties. — Autauga, Chambers, Clay, Coosa, Elmore, 
Loundes, Macon, Randolph and Tallapoosa. 

Sixth District : Counties. — Fayette, Greene, Hale, Lamar, Marion, Pick- 
ens, Sumter, Tuscaloosa and Walker. 

Seventh District : Counties. — Cherokee, Cullman, Dekalb, Etowah, Frank- 
lin, Marshall, St. Clair and Winston. 

Eighth District : Counties. — Colbert, Jackson, Lauderdale, Lawrence, 
Limestone, Madison and Morgan. 
Ninth District : Counties. — Bibb, Blount, Jefferson and Perry. 



S2 THE AMERICAN GOVERNMENT. 

Arkansas : 

Firsc District: Counties. — Clay, Craighead, Crittenden, Cross, Greene, 
Lee, Mississippi, Phillips, Poinsett, St. Francis and Woodruff. 
Second District : Counties. — Cleburne, Fulton, Independence, Izard, Jack- 
son, Lawrence, Monroe, Prairie, Randolph, Sharp, Stone and White. ■ 
Third District : Counties. — Baxter, Benton, Boone, Carrol, Madison, 
Marion, Newton, Searcy, Van Buren and Washington. 
Fourth District: Counties. — Crawford, Howard, Little River, Logan, 
Miller, Montgomery, Pike, Polk, Scott, Sebastian and Sevier. 
Fifth District : Counties. — Conway, Faulkner, Franklin, Johnson, Perry, 
Pope, Pulaski and Yell. 

Sixth District: Counties. — Arkansas, Cleveland, Dallas, Desha, Drew, 
Garland, Grant, Hot Springs, Jefferson, Lincoln, Lonoke and Saline. 
Seventh District : Counties. — Ashley, Bradley, Calhoun, Chicot, Clark, 
Columbia, Hempstead, Lafayette, Nevada, Ouachita and Union. 

California : 

First District: Counties. — Alpine, Amador, Calaveras, Del Norte, El- 
dorado, Humboldt, Lassen, Mariposa, Modoc, Mono, Placer, Plumas, 
Shasta, Sierra, Nevada, Siskiyou, Tehama, Trinity and Tuolumne. 
Second District : Counties. — Butte, Colusa, Gleen, Lake, Marin, Mendo- 
cino, Napa, Sacramento, Sonoma, Sutter, Yolo and Yuba. 
Third District: Counties. — Alameda, Contra Costa and Salano. 
Fourth District : City of San Francisco. — Twenty-eighth, Twenty-ninth, 
Thirtieth, Thirty-first, Fortieth, Forty-first, Forty-second, Forty-third, 
Forty-fourth and Forty-fifth assembly districts. 

Fifth District : Counties. — San Mateo, Santa Clara, and the Thirty-sec- 
ond, Thirty-third, Thirty-fourth, Thirty-fifth, Thirty-sixth, Thirty- 
seventh, Thirty-eighth and Thirty-ninth assembly districts of San Fran- 
cisco. 

Sixth District: Counties. — Fresno, Kings, Madera, Merced, Monterey, 
San Benito, San Joaquin, Santa Cruz and Stanislaus. 
Seventh District : Countjes. — Los Angeles. 

Eighth District : Counties. — Inyo, Kern, Orange, Riverside, San Bern- 
ardino, San Diego, San Luis Obispo, Santa Barbara, Tulare and Ventura. 

Colorado : 

First District: Counties. — Adams, Boulder, Denver, Jefferson, Lake, Lari- 
mer, Logan, Morgan, Park, Phillips, Sedgwick, South Arapahoe, Wash- 
ington, Weld and Yuma. 

Second District: Counties. — Archuleta, Baca, Bent, Chaffee, Cheyenne, 
Clear Creek, Conejos, Costilla, Custer, Delta, Dolores, Douglas, Eagle, 
Elbert, El Paso, Fremont, Garfield, Gilpin, Grand, Gunnison, Hinsdale, 
Huerfano, Kiowa, Kit Carson, La Plata, Las Animas, Lincoln, Mesa, 



THE AMERICAN GOVERNMENT. 53 

Mineral, Montezuma, Montrose, Otero, Ouray, Pitkin, Prowers, Pueblo, 
Rio Blanco, Rio Grande, Routt, Saguache, San Juan, San Miguel, Sum- 
mit and Teller. 

Connecticut : 

First District : Counties. — Hartford and Tolland, including the cities 

of Hartford, New Britain and Rockville. 

Second District : Counties. — Middlesex and New Haven, including the 

cities of New Haven, Meriden, Waterbury, Ansonia, Derby and Mid- 

dletown. 

Third District : Counties. — New London and Windham, including the 

cities of New London and Norwich. 

Fourth District: Counties. — Fairfield and Litchfield. 

Delaware : 

Representative at large. 
Florida : 

First District : Counties. — Citrus, De Soto, Hernando, Hillsboro, Lafay- 
ette, Lake, Lee, Levy, Manatee, Marion, Monroe, Pasco, Polk, Sumter 
and Taylor. 

Second District : Counties. — Alachua, Baker, Bradford, Brevard, Clay, 
Columbia, Dade, Duval, Hamilton, Nassau, Orange, Osceola, Putnam, 
St. Johns, Suwanee and Volusia. 

Third District : Counties. — Calhoun, Escambia, Franklin, Gadsden, 
Holmes, Jackson, Jefferson, Leon, Liberty, Madison, Santa Rosa, Wakul- 
la, Walton and Washington. 

Georgia : 

First District : Counties. — ^^Bryan, Bulloch, Burke, Chatham, Effingham, 
Emanuel, Jenkins, Liberty, Mcintosh, Screven, Tattnall and Toombs. 
Second District : Counties. — Baker, Berrien, Calhoun, Clay, Colquitt, 
Decatur, Dougherty, Early, Grady, Miller, Mitchell, Quitman, Randolph, 
Terrell, Tift, Thomas, Turner and Worth. 

Third District : Counties. — Crawford, Crisp, Dooly, Houston, Lee, Macon, 
Pulaski, Schley, Stewart, Sumter, Taylor, Twiggs, Webster and Wilcox. 
Fourth District : Counties. — Carroll, Chattahoochee, Coweta, Harriss, 
Heard, Marion, Meriwether, Muscogee, Talbot and Troup. 
Fifth District : Counties. — Campbell, Clayton, Dekalb, Douglas, Fulton, 
Newton, Rockdale and Walton. 

Sixth District : Counties. — Baldwin, Bibb, Butts, Fayette, Henry, Jones, 
Monroe, Pike, Spalding and Upson. 

Seventh District : Counties. — Bartow, Catoosa, Chatooga, Cobb, Dade, 
Floyd, Gordon, Haralson, Murray, Paulding, Polk, Walker and Whit- 
field. 



54 THE AMERICAN GOVERNMENT. 

Eighth District : Counties. — Clarke, Elbert, Franklin, Greene, Hart, 

Jasper, Madison, Morgan, Oconee, Oglethorpe, Putnam and Wilkes. 

Ninth District : Counties. — Banks, Cherokee, Dawson, Fannin, Forsyth, 

Gilmer, Gwinnett, Habersham, Hall, Jackson, Lumpkin, Milton, Pickens, 

Rabun, Stephens, Towns, Union and White. 

Tenth District : Counties. — Columbia, Glascock, Jefferson, Hancock, 

Lincoln, McDuffie, Richmond, Taliaferro, Warren, Washington and 

Wilkinson. 

Eleventh District : Counties. — Appling, Brooks, Camden, Charlton, Clinch, 

Cofifee, Dodge, Echols, Glynn, Irwin, Jefif Davis, Johnson, Laurens, 

Lowndes, Montgomery, Pierce, Telfair, Ware and Wayne. 

Idaho : 

Pepresentative at Large. 

Illinois : 

Firs'- District : City of Chicago. — First and Second wards ; part of the 
Third ward east of Halstead Street ; part of the Sixth ward north of 
Forty-third Street. 

Second District : City of Chicago. — Seventh, Eighth and Thirty-third 
wards ; part of the Sixth ward south of Forty-third Street. 
Third District : Cook County. — Towns of Bloom, Bremen, Calumet, 
Lemont, Orland, Palos, Rich, Thornton and Worth. 

City of Chicago. — Thirty-first and Thirty-second wards; parts of the 
Twenty-ninth and Thirtieth wards south of Fifty-first Street. 
Fourth District : City of Chicago. — F'ifth ward ; part of the Third ward 
west of Stuart Avenue; part of the Fourth ward west of Halstead 
Street; part of the Eleventh and Twelfth wards south of Twenty-second 
Street; part of the Twenty-ninth and Thirtieth wards north of Fifty- 
first Street. 

Fifth District : City of Chicago. — Ninth and Tenth wards ; part of the 
Eleventh and Twelfth wards north of Twenty-second Street. 
Sixth District: Cook County. — Towns of Cicero, Lyons, Proviso, River- 
side and Stickney. 

City of Chicago. — Thirteenth, Twentieth and Thirty-fourth wards; part 
of the Thirty-fifth ward south of the Chicago and Northwestern 
Railway right of way. 

Seventh District : Cook County. — Towns of Barrington, Elk Grove, Han- 
over, Leyden, Maine, Norwood Park, Palatine, Schaumberg and Wheel- 
ing. 

City of Chicago. — Twenty-seventh and Twenty-eighth wards ; part of 
the Fourteenth and Fifteenth wards west of Robey Street; part of the 
Thirty-fifth- ward north of the Chicago and Northwestern Railway 
right of way. 



THE AMERICAN GOVERNMENT. 55 

Eighth District : City of Chicago. — Sixteenth, Seventeenth, Eighteenth 
and Nineteenth wards; part of the Fifteenth ward east of Robey Street. 
Ninth District : City of Chicago. — Twenty-first and Twenty-second wards ; 
part of the Twenty-third ward east of Halstead Street; part of the 
Twenty-fifth ward south of Graceland Avenue. 

Tenth District : Cook County. — Towns of Evanston, Niles, New Prior 
and Northfield. 

City of Chicago. — Twenty-fourth and Twenty-sixth wards; part of the 
Twenty-third ward west of Halstead Street; part of the Twenty-fifth 
ward north of Graceland Avenue. 
Lake County. 

Eleventh District : Counties. — Dupage, Kane, McHenry and Will. 
Twelfth District: Counties. — Boone, Dekalb, Grundy, Kendall, Lasalle 
and Winnebago. 

Thirteenth District : Counties. — Carroll, Jo-Daviess, Lee, Ogle, Stephen- 
son and Whiteside. 

Fourteenth District: Counties. — Hancock, Henderson, McDonough, Mer- 
cer, Rock Island and Warren. 

Fifteenth District : Counties.— Adams, Fulton, Henry, Knox and 
Schuyler. 

Sixteenth District : Counties. — Bureau, Marshall, Peoria, Putnam, Stark 
and Tazewell. 

Seventeenth District : Counties. — Ford, Livingston, Logan, McLean and 
Woodford. 

Eighteenth District: Counties. — Clark, Cumberland, Edgar, Iroquois, 
Kankakee and Vermillion. 

Nineteenth District: Counties. — Champaign, Coles, Dewitt, Douglas, Ma- 
tron, Moultrie, Piatt and Shelby. 

Twentieth District : Counties. — Brown, Calhoun, Cass, Greene, Jersey, 
Mason, Menard, Morgan, Pike and Scott. 

Twenty-first District: Counties. — Christian, Macoupin, Montgomery and 
Sangamon. 

Twenty-second District: Counties. — Bond, Madison, Monroe, St. Clair 
■and Washington. 

Twenty-third District : Counties. — Clinton, Crawford, Effingham, Fayette, 
Jasper, Jefferson, Lawrence, Marion, Richland and Wabash. 
Twenty-fourth: Counties. — Clay, Edwards, Gallatin, Hamilton, Hardin, 
Johnson, Massac, Pope, Saline, Wayne and White. 

Twenty-fifth District : Counties. — Alexander, Franklin, Jackson, Perry, 
Pulaski, Randolph, Union and Williamson. 

Indiana : 

First District: Counties. — Gibson, Pike, Posey, Spencer, Vanderburg 
and Warrick. 



S6 THE AMERICAN GOVERNMENT. 

Second District : Counties. — Daviess, Greene, Knox, Lawrence, Martin, 
Monroe, Owen and Sullivan. 

Third District : Counties. — Clark, Crawford, Dubois, Floyd, Harrison, 
Orange, Perry, Scott and Washington. 

Fourth District : Counties. — Bartholomew, Brown, Dearborn, Jackson, 
Jefferson, Jennings, Johnson, Ohio, Ripley and Switzerland. 
Fifth District : Counties. — Clay, Hendricks, Morgan, Parke, Putnam, 
Vermillion and Vigo. 
* Sixth District : Counties. — Decatur, Fayette, Franklin, Hancock, Henry, 
Rush, Shelby, Union and Wayne. 
Seventh District : County. — Marion. 

Eighth District : Counties. — Adams, Delaware, Jay, Madison, Randolph 
and Wells. 

Ninth District : Counties. — Boone, Carroll, Clinton, Fountain, Hamilton, 
Howard, Montgomery and Tipton. 

Tenth District : Counties. — Benton, Jasper, Lake Laporte, Newton, Por- 
ter, Tippecanoe, Warren and White. 

Eleventh District : Counties. — Blackford, Cass, Grant, Huntington, Mi- 
ami and Wabash. 

Twelfth District : Counties.— Allen, Dekalb, Lagrange, Noble, Steuben 
and Whitley. 

Thirteenth District : Counties. — Elkhart, Fulton, Kosciusko, Marshall, 
Pulaski, St. Joseph and Starke. 



Iowa; 



First District : Counties. — Des Moines, Henry, Jefferson, Lee, Louisa, 
Van Buren and Washington. 

Second District : Counties. — Clinton, Iowa, Jackson, Johnson, Muscatine 
and Scott. 

Third District : Counties. — Blackhawk, Bremer, Buchanan, Butler, Dela- 
ware, Dubuque, Franklin, Hardin and Wright. 

Fourth District : Counties.— Allamakee, Cerro Gordo, Chickasaw, Clay- 
ton, Fayette, Floyd, Howard, Mitchell, Winneshiek and Worth. 
Fifth District : Counties. — Benton, Cedar, Grundy, Jones, Linn, Marshall 
and Tama. 

Sixth District: Counties.— Davis, Jasper, Keokuk, Mahaska, Monroe, 
Powshiek and Wapello. 

Seventh District: Counties. — Dallas, Madison, Marion, Polk, Story and 
Warren. 

Eighth District: Counties. — Adams, Appanoose, Clarke, Decatur, Fre- 
mont, Lucas, Page, Ringgold, Taylor, Union and Wayne. 
Ninth District: Counties. — Adair, Audubon, Cass, Guthrie, Harrison, 
Mills, Montgomery, Pottawattamie and Shelby. 
Tenth District: Counties.^Boone, Calhoun, Carroll, Crawford, Emmett, 



THE AMERICAN GOVERNMENT. 57 

Greene, Hamilton, Hancock, Humboldt, Kossuth, Palo Alto, Pocahontas, 
Webster and Winnebago. 

Eleventh District: Counties.— Buena Vista, Cherokee, Clay, Dickinson, 
Ida, Lyon, Monona, O'Brien, Osceola, Plymouth, Sac, Sioux and Wood- 
bury. 

Kansas : 

First District: Counties.— Atchison, Brown, Doniphan, Jackson, Jeffer- 
son, Leavenworth, Nemaha and Shawnee. 

Second District: Counties.— Allen, Anderson, Bourbon, Douglas, Frank- 
lin, Johnson, Linn, Niami and Wyandotte. 

Third District: Counties.— Chauttauqua, Cherokee, Cowley, Crawford, 
Elk, Labette, Montgomery, Neosho and Wilson. 

Fourth District: Counties.— Butler, Chase, Coffee, Greenwood, Lyon, 
Marion, Morris, Osage, Pottawatomie, Wabaunsee and Woodson. 
Fifth District: Counties.— Clay, Cloud, Dickinson, Geary, Marshall, 
Ottawa, Republic, Riley, Saline and Washington. 

Sixth District: Counties.— Cheyenne, Decatur, Ellis, Ellsworth, Gove, 
Graham, Jewell, Lincoln, Logan, Mitchell, Norton, Osborne, Phillips, 
Rawlins, Rooks, Russell, Sheridan, Sherman, Smith, Thomas, Trego 
and Wallace. 

Seventh District: Counties.— Barber, Barton, Clark, Comanche, Ed- 
wards, Finney, Ford, Grant, Gray, Greeley, Hamilton, Harper, Harvey, 
Haskell, Hodgeman, Kearney, Kingman, Kiowa, Lane, McPherson, 
Meade, Morton, Ness, Pawnee, Pratt, Reno, Rice, Rush, Scott, Seward, 
Sedgwick, Stafford, Stanton, Stevens, Sumner, Wichita. 

Kentucky : 

First District: Counties.— Ballard, Caldwell, Calloway, Carlisle, Critten- 
den, Fulton, Graves, Hickman, Livingston, Lyon, McCracken, Marshall 
and Trigg. 

Second District: Counties.— Christian, Daviess, Hancock, Henderson, 
Hopkins, McLean, Union and Webster. 

Third District: Counties.— Allen, Barren, Butler, Edmonson, Logan, 
Metcalf, Muhlenberg, Simpson, Todd and Warren. 

Fourth District: Counties.— Breckinridge, Bullitt, Grayson, Green, 
Hardin, Hart, Larue, Marion, Meade, Nelson, Ohio, Taylor and Wash- 
ington. 

Fifth District: County.— Jefferson. 

Sixth District: Counties.— Boone, Campbell, Carroll, Gallatin, Grant, 
Kenton, Pendleton and Trimble. 

Seventh District: Counties.— Bourbon, Fayette, Franklin, Henry, Old- 
ham, Owen, Scott and Woodford. 



58 THE AMERICAN GOVERNMENT. 

Eighth District: Counties. — Anderson, Boyle, Garrard, Jessamine, Lin- 
coln, Madison, Mercer, Rockcastle, Shelby and Spencer. 
Ninth District : Counties. — ^Bath, Boyd, Bracken, Carter, Fleming, Green- 
up, Harrison, Lawrence, Lewis, Mason, Nicholas, Robertson and Rowan. 
Tenth District : Counties. — Breathitt, Clark, Elliot, Estill, Floyd, John- 
son, Knott, Lee, Magoffin, Martin, Mennifee, Montgomery, Morgan,. 
Pike, Powell and Wolf. 

Eleventh District : Counties. — Adair, Bell, Casey, Clay, Clinton, Cumber- 
land, Harlan, Jackson, Knox, Letcher, Leslie, Laurel, Monroe, Owsley, 
Perry, Pulaski, Russell, Wayne and Whitley. 

Louisiana : 

First District: Counties. — City of New Orleans, Third, Fourth, Fifth, 
Sixth, Seventh, Eighth, Ninth and Fifteenth wards. 
Parishes. — St. Bernard and Plaquemines. 

Second District : Counties. — City of New Orleans, First, Second, Tenth, 
Eleventh, Twelfth, Thirteenth, Fourteenth, Sixteenth and Seventeenth 
wards. 

Parishes. — Jefferson, St. Charles, St. James and St. John the Baptist. 
Third District : Counties. — Parishes. — Assumption, Iberia, Lafaj'ette, La- 
fourche, St. Martin, St. Mary, Terrebone and Vermillion. 
Fourth District : Parishes. — Bienville, Bossier, Caddo, De Soto, Natchito- 
ches, Red River, Sabine, Webster and Winn. 

Fifth District : Parishes. — Caldwell, Catahoula, Claiborne, Concordia, 
East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita, 
Richland, Tensas, Union and West Carroll. 

Sixth District : Parishes. — Ascension, Iberville, East Baton Rouge, East 
Feliciana, Livingston, Pointe, Coupee, St. Helena, St. Tammany, Tan- 
gipahoa, Washington, West Baton Rouge and West Felicina. 
Seventh District : Parishes. — Acadia, Avoyelles, Calcasieu, Cameron, 
Grant, Rapides, St. Landry and Vernon. 

Maine : 

First District : Counties. — Cumberland and York. 

Second District : Counties. — Androscoggin, Franklin, Knox, Lincoln, Ox- 
ford and Sagadahoc. 

Third District : Counties. — Hancock, Kennebec, Somerset and Waldo. 
Fourth District : Counties. — Aroostook, Penobscot, Piscataquis and Wash- 
ington. 

Maryland : 

First District : Counties. — Caroline, Cecil, Dorchester, Kent, Qeen Anne, 
Somerset, Talbot, Wicomico and Worcester. 

Second District: Counties. — Baltimore, Carroll and Hartford; and Fif- 
teenth and Sixteenth wards of Baltimore City. 



THE AMERICAN GOVERNMENT. 59 

Third District: City of Baltimore. — First, Second, Third, Fourth, Fifth, 

Sixth, Seventh, Eighth and Twenty-second wards, and the Ninth, Tenth, 

Eleventh and Thirteenth precincts of the Eighteenth ward. 

Fourth District : City of Baltimore. — Ninth, Tenth, Eleventh, Twelfth, 

Thirteenth, Fourteenth, Seventeenth, Nineteenth and Twentieth wards, 

and the First, Second, Third and Twelfth precincts of the Eighteenth 

ward. 

Fifth District : Counties. — Anne Arundel, Calvert, Charles, Howard, 

Prince George and St. Mary, and the Fourth, Fifth, Sixth, Seventh 

and Eighth precincts of the Eighteenth ward, and the Twenty-first, 

Twenty-third and Twenty-fourth wards of Baltimore City. 

Sixth District : Counties. — Allegheny, Frederick, Garrett, Montgomery 

and Washington. 

Massachusetts : 

First District : Berkshire County. 

Franklin County. — Towns of Ashfield, Bernardston, Buckland, Charle- 
mont, Colerain, Conway, Deerfield, Gill, Greenfield, Hawley, Heath, 
Leyden, Rowe, Shelburne and Whatley. 

Hampshire County: Towns of Chesterfield, Cummington, Goshen, Hat- 
field, Huntington, Middlefield, Flainfield, Southampton, Westhampton, 
Williamsburg, and Worthington. 

Hampden County: City of Holyoke and towns of Agawam, Blandford, 
Chester, Granville, Montgomery, Russell, Southwick, Tolland, Westfield 
and West Springfield. 

Second District : Franklin County. — Towns of Erving, Leverett, Mon- 
tague, New Salem, Northfield, Orange, Shutesbury, Sunderland, War- 
wick and Wendell. 

Hampshire County : City of Northampton ; towns of Amherst, 
Belchertown, Easthampton, Enfield, Granby, Greenwich, Hadley, Pel- 
ham, Prescott, South Hadley and Ware. 

Hampden County : Cities of Chicopee and Springfield ; towns of Brim- 
field, East Longmeadow, Hampden, Holland, Long Meadow, Ludlow. 
Monson, Palmer, Wales and Wilbraham. 

Worcester County: Towns of Athol, Barre, Brookfield, Dana, Hardwick, 
New Braintree, North Brookfield, Oakham, Petersham, Phillipston, War- 
ren and West Brookfield. 

Third District: Worcester County. — City of Worcester; towns of Au- 
burn, Charlton, Douglass, Dudley, Grafton, Holden, Leicester, Millbury, 
Northbridge, Oxford, Paxton, Rutland, Shrewsbury, Southbridge, Spen- 
cer, Sturbridge, Sutton, Uxbridge, Webster, Westboro and West 
Boylston. 

Fourth District: Worcester County. — City of Fitchburg; towns of Ash- 
burnham, Berlin, Bolton, Boylston, Clinton, Gardiner, Harvard, Hub- 



6o THE AMERICAN GOVERNMENT. 

bardston, Lancaster, Lunenburg, Leominster, Northboro, Princeton, 
Southboro, Sterling, Templeton, Westminster and Winchenden. 
Middlesex County. — Cities of Marlboro and Waltham; towns of Acton, 
Ashby, Ashland, Ayer, Bedford, Boxboro, Concord, Framingham, Gro- 
ton, Hudson, Lexington, Lincoln, Littleton, Maynard, Natick, Pepperell, 
Shirley, Stow, Sudbury, Townsend, Wayland, Westford and Weston. 
Fifth District: Middlesex County. — City of Lowell; towns of Billerica, 
Burlington, Carlisle, Chelmsford, Dracut, Dunstable, North Reading, 
Reading, Tewksbury, Tyngsboro and Wilmington. 

Essex County. — City of Lawrence ; towns of Andover, Lynnfield, Me- 
thuen and North Andover. 

Sixth District: Essex County. — Cities of Beverly, Gloucester, Haver- 
hill, Newburyport, and Salem, and towns of Amesbury, Boxford, 
Danvers, Essex, Georgetown, Groveland, Hamilton, Ipswich, Manchester, 
Marblehead, Merrimac, Middleton, Newbury, Peabody, Rockport, Row- 
ley, Salisbury, Swampscott, Topsfield, Wenham and West Newbury. 
Seventh District: Essex County. — City of Lynn; towns of Nahant and 
Saugus. 

Middlesex County: Cities of Everett, Maiden and Melrose; Suf- 
folk County : City of Chelsea ; town of Revere. 

Eighth District : Middlesex County. — Cities of Cambridge, Medford, 
Somerville and Woburn; towns of Arlington, Belmont and Winchester. 
Ninth District : Suffolk County. — Wards numbered One, Two, Three, 
Four, Five, Six, Seven, Eight, Nine, and precincts Six and Seven of 
Ward numbered Twelve, in the City of Boston; the town of Winthrop. 
Tenth District : Suffolk County. — Wards numbered Thirteen, Fourteen, 
Fifteen, Sixteen, Seventeen, Twenty and Twenty-four, in the city of 
Boston. 

Norfolk County: City of Quincy and the town of Milton. 
Eleventh District: Suffolk County. — Wards numbered Ten, Eleven, 
and precincts one, two three, four and five of ward numbered twelve, 
and wards numbered Eighteen, Nineteen, Twenty-one, Twenty-two, 
Twenty-three, and Twenty-five in the city of Boston. 
Twelfth District: Norfolk County. — Towns of Avon, Bellingham, 
Braintree, Brookline, Canton, Dedham, Dover, Foxboro, Franklin, 
Holbrook, Hyde Park, Medfield, Medway, Millis, Needham, Norfolk, 
Norwood, Randolph, Sharon, Stoughton, Walpole, Wellesley, Westwood, 
Weymouth, and Wrentham. 

Middlesex County. — City of Newton, towns of Holliston, Hopkinton, 
Sherborn and Watertown. 

Worcester County.— Towns of Blackstone, Hopedale, Mendon, Milford 
and Upton. 

Bristol County. — Town of North Attleboro. 
Thirteenth District : Bristol County.— Cities of Fall River and New Bed- 



THE AMERICAN GOVERNMENT. 6i 

ford; towns of Acushnet, Berkley, Dartmouth, Dighton, Fairhaven, Free- 
town, Rehoboth, Seekonk, Somerset, Swansea and Westport. 
Plymouth County. — Towns of Marion, Mattapoisett and Rochester. 
Dukes and Nantucket Counties. 

Fourteenth District: Plymouth County. — City of Brockton, towns of 
Abington, Bridgewater, Carver, Duxbury, East Bridgewater, Halifax, 
Hanover, Hanson, Hingham, Hull, Kingston, Lakeville, Marshfield, 
Middleboro, Norwell, Pembroke, Plymouth, Rockland, Scituate, Ware- 
ham, West Bridgewater and Whitman. 

Bristol County. — City of Taunton; towns of Attleboro, Easton, Mans- 
field, Norton and Raynham. 
Norfolk County. — Town of Cohasset. 
Barnstable County. 

Michigan : 

First District: City of Detroit. — First, Second, Third, Fourth, Fifth, 
Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Thirteenth, Fifteenth 
and Seventeenth wards. 

Second District : Counties. — Jackson, Lenawee, Monroe and Washtenaw. 
Wayne County. — Townships of Brownstone, Canton, Ecorse, Huron, 
Montguagon, Nankin, Northville, Plymouth, Romulus, Sumpter, Tay- 
lor, and Van Buren and Wyandotte City. 

Third District: Counties. — Branch, Calhoun, Eaton, Hillsdale and 
Kalamazoo. 

Fourth District: Counties. — Allegan, Barry, Berrien, Cass, St. Joseph 
and Van Buren. 

Fifth District : Counties. — Ionia, Kent and Ottowa. 

Sixth District: Counties. — Genesee, Ingham, Livingston, Oakland; 
townships of Lavonia, Redford, Greenfield, Dearborn, Nankin &nd 
Springwells, of the county of Wayne, and the Twelfth, Fourteenth and 
Sixteenth wards of the city of Detroit. 

Seventh District: Counties. — Huron, Lapeer, Macomb, Sanila and St. 
Clair, and Grosse Pointe, Gratiot and Hamtranck; townships of Wayne 
county. 

Eighth District: Counties. — Clinton, Saginaw, Shiawassee and Tuscola. 
Ninth District: Counties.— Benzie, Lake, Leelanaw, Manistee, Mason, 
Muskegon, Newaygo, Oceana and Wexford. 

Tenth District: Counties.— Alcona, Alphena, Arenac, Bay, Cheboygan, 
Crawford, Emmett, Gladwin, Iosco, Midland, Montmorency, Ogemaw, 
Oscoda, Ostego and Presque Isle. 

Eleventh District: Counties. — Antrim, Charlevoix, Clare, Grand Tra- 
verse, Gratiot, Isabella, Kalkaska, Mecosta, Missaukee, Montcalm, 
Osceola and Roscommon. 



62 THE AMERICAN GOVERNMENT. 

I 

Twelfth District : Counties. — Alger, Baraga, Chippewa, Delta, Dickin- 
son, Gogebic, Houghton, Iron, Keweenaw, Luce, Mackinac, Marquette, 
Menominee, Ontonagon and Schoolcraft. 

Minnesota : 

First District : Counties. — Dodge, Fillmore, Freeborn, Houston, Mower, 
Olmsted, Steele, Wabasha, Waseca, and Winona. 

Second District: Counties. — iBlue Earth, Brown, Cottonwood, Fari- 
bault, Jackson, Martin, Murray, Nobles, Pipestone, Rock and Watonwan. 
Third District : Counties. — Carver, Dakota, Goodhue, Lesueur, Mc- 
Leod, Nicollet, Rice, Scott, and Sibley. 

Fourth District : Counties. — Chisago, Ramsey and Washington. 
Fifth District : County. — Hennepin. 

Sixth District : Counties. — Benton, Cass, Crow Wing, Douglas, Hub- 
bard, Meeker, Morrison, Sherburne, Stearns, Todd, Wadena and Wright. 
Seventh District: Counties: Bigstone, Chippewa, Grant, Kandiyohi, 
Lacqui Parle, Lincoln, Lyon, Pope, Redwood, Renville, Stevens, Swift, 
Traverse and Yellow Medicine. 

Eighth District : Counties. — Aitkin, Anoka, Carlton, Cook, Isanti, Itasca, 
Kanabec, Lake, Millelacs, Pine and St. Louis. 

Ninth District : Counties. — Becker, Beltrami, Clay, Clearwater, Kittson, 
Marshall, Norman, Ottertail, Polk, Red Lake, Roseau and Wilkin. 



Mississippi : 

First District : Counties. — Alcorn, Itawamba, Lee, Lowndes, Monroe, 
Noxubee, Oktibbeha, Prentiss and Tishomingo. 

Second District: Counties. — Benton, Lafayette, Marshall, Panola, Talla- 
hatchie, Tate, Tippah and Union. 

Third District: Counties. — Bolivar, Coahoma, Holmes, Issaquena,, 
Leflore, Quitman, Sharkey, Sunflower, Tunica, and Washington. 
Fourth District : Counties. — Attala, Calhoun, Carroll, Chickasaw, 
Choctaw, Clay, Grenada, Montgomery, Pontotoc, Webster and Yalobusha. 
Fifth District : Counties. — Clarke, Jasper, Kemper, Lauderdale, Leake, 
Neshoba, Newton, Scott, Smith and Winston. 

Sixth District : Counties. — Covington, Greene, Hancock, Harrison, 
Jackson, Jeff Davis, Jones, Lawrence, Marion, Lamar, Pearl River, 
Perry, Simpson and Wayne. 

Seventh District : Counties. — Adams, Amite, Claiborne, Copia, Frank- 
lin, Jefferson, Lincoln, Pike and Wilkinson. 

Eighth District: Counties. — Hinds, Madison, Rankin, Warren and 
Yazoo. 



THE AMERICAN GOVERNMENT. 63 

.Missouri : 

First District: Counties.— Adair, Clark, Knox, Lewis, Macon, Marion, 
Putman, Schuyler, Scotland and Shelby. 

Second District: Counties.— Carroll, Chariton, Grundy, Linn, Living- 
stone, Monroe, Randolph and Sullivan. 

Third District: Counties.— Caldwell, Clay, Clinton, Daviess, Dekalb, 
Gentry, Harrison, Mercer, Ray and Worth. 

Fourth District: Counties.— Andrew, Atchinson, Buchanan, Holt, No- 
daway and Platte. 
Fifth District: County. — Jackson. 

Sixth District: Counties.— Bates, Cass, Cedar, Dade, Henry, Johnson 
and St. Clair. 

Seventh District: Counties.— Benton, Greene, Hickory, Howard, Lafa- 
yette, Pettis, Polk and Saline. 

Eighth District : Counties.— Boone, Camden, Cole, Cooper, Miller, Moni- 
teau, Morgan and Osage. 

Ninth District: Counties.— Audrain, Callaway, Franklin, Gasconda, Lin- 
coln, Montgomery, Pike, Ralls, St. Charles and Warren. 
Tenth District: Counties: St. Louis County and the First, Seventh, 
Eighth, Ninth, Tenth, Eleventh, Twelfth, Nineteenth, Twenty-fourth' 
Twenty-eighth wards, and eleventh precinct of the Twenty-seventh 
ward of the city of St. Louis. 

Eleventh District: City of St. Louis.— Second, Third, Sixteenth, Seven- 
teenth, Eighteenth, Twentieth, Twenty-first and Twenty-sixth wards, 
and precincts one to ten inclusive of the Twenty-seventh ward. 
Twelfth District: City of St. Louis: Fourth, Fifth, Sixth, Thirteenth, 
Fourteenth, Fifteenth, Twenty-second, Twenty-third and Twenty-fifth 
wards. 

Thirteenth District: Counties.— BolHnger, Carter, Iron, Jefferson, Madi- 
son, Perry, Reynolds, St. Francis, Ste. Genevieve, Washington, and 
Wayne. 

Fourteenth District: Counties.— Butler, Cape Girardeau, Christian, 
Douglas, Dunklin, Howell, Mississippi, New Madrid, Oregon, Ozark, 
Pemiscot, Ripley, Scott, Stoddard, Stone, and Taney. 
Fifteenth District: Counties.— Barry, Barton, Jasper, Lawrence, Mc- 
Donald, Newton and Vernon. 

Sixteenth District: Counties. — Crawford, Dallas, Dent, Laclede, Maries, 
Phelps, Pulaski, Shannon, Texas, Webster and Wright. 

Montana : 

Representative at large. 



64 THE AMERICAN GOVERNMENT. 

Nebraska : 

First District: Counties. — Cass, Johnson, Lancaster, Nemaha, Otoe, 
Pawnee and Richardson. 

Second District: Counties. — Douglas, Sarpy and Washington. 
Third District : Counties. — Antelope, Boone, Burt, Cedar, Colfax, Cum- 
ing, Dakota, Dixon, Dodge, Knox, Madison, Merrick, Nance, Pierce, 
Platte, Stanton, Thurston and Wayne. 

Fourth District : Counties. — Butler, Fillmore, Gage, Hamilton, Jeflferson, 
Polk, Saline, Saunders, Seward, Thayer and York. 
Fifth District: Counties. — Adams, Chase, Clay, Dundy, Franklin, Fron- 
tier, Furnas, Gosper, Hall, Harlan, Hayes, Hitchcock, Kearney, Nuckolls, 
Perkins, Phelps, Redwillow and Webster. 

Sixth District: Counties. — Banner, Blaine, Boxbutte, Boyd, Brown, Buf- 
falo, Cherry, Cheyenne, Custer, Dawes, Dawson, Deuel, Garfield, Grant, 
Greeley, Holt, Hooker, Howard, Keith, Keyapaha, Kimball, Lincoln, 
Logan, Loup, McPherson, Rock, Scotts Bluffs, Sheridan, Sherman, Sioux, 
Thomas, Valley and Wheeler. 

Nevada : 

Representative at Large. 

New Hampshire: 

First District : Counties. — Belknap, Carroll, Rockingham and Strafford. 
Hillsboro County. — City of Manchester; towns of Bedford, Goffstown, 
Merrimack, Hudson, Litchfield and Pelham. 

Merrimack County. — Towns of AUenstown, Canterbury, Chichester, 
Epsom, Hooksett, Loudon, Northfield, Pembroke and Pittsfield. 
Second District: Counties. — Cheshire, Coos, Grafton and Sullivan. 
Hillsboro County. — City of Nashua; towns of Amherst, Antrim, Ben- 
nington, Brookline, Deering, Francestown, Greenfield, Greenville, Han- 
cock, Hillsboro, Hollis, Lyndeboro, Mason, Milford, Mount Vernon, New 
Boston, New Ipswich, Peterboro, Sharon, Temple, Weare, Wilton and 
Windsor. 

Merrimack County. — Cities of Concord and Franklin; towns of Andover, 
Boscawen, Bow, Bradford, Danbury, Dunbarton, Henniker, Hill, Hop- 
kinton, Newbury, New London, Salisbury, Sutton, Warner, Webster and 
Wilmot. 

New Jersey: 

First District : Counties. — Camden, Gloucester and Salem. 

Second District: Counties. — Atlantic, Burlington, Cumberland and Cape 

May. 

Third District : Counties. — Middlesex, Monmouth and Ocean. 

Fourth District: Counties. — Hunterdon, Mercer and Somerset. 



THE AMERICAN GOVERNMENT. 65 

Fifth District: Counties. — Morris, Union and Warren. 
Sixth District : Counties. — Bergen, Passaic and Sussex. 
Seventh District : Essex County. — First, Fourth, Sixth, Seventh, Eighth, 
Eleventh and Fifteenth wards of the city of Newark; city of Orange; 
towns of Bloomfield, West Orange and Montclair; the boroughs of 
Caldwell, Glen Ridge and North Caldwell, and the townships of Belle- 
ville, Caldwell, Franklin, Livingston and Verona. 

Eighth District : Essex County. — Second, Third, Fifth, Ninth, Tenth, 
Twelfth, Thirteenth and Fourteenth wards of the city of Newark; city 
of East Orange ; town of Irvington ; the borough of Vailsburgh ; the vil- 
bge and township of South Orange, and the townships of Clinton and 
Millburn. 

Ninth District: Hudson County. — City of Bayonne; Seventh, Eighth, 
Ninth, Tenth, Eleventh and Twelfth wards and part of the Sixth ward 
of Jersey City; the towns of Harrison and Kearny, and the borough of 
E^.st Newark. 

Tenth District : Hudson County. — First, Second, Third, Fourth and 
Fifth wards and part of the Sixth ward of Jersey City; city of Hoboken; 
towns of West Floboken, Union. West New York and Guttenberg; the 
townships of North Bergen and Weehawken, and the borough of Secau- 
cus. 

New York : 

First District : Counties. — Nassau and Suffolk. 

Borough of Queens (County of Queens). — Third, Fourth and Fifth 
wards. 

Second District: Borough of Brooklyn (County of Kings). — The Four- 
tenth, Fifteenth, Sixteenth, Seventeenth and Eighteenth wards, and also 
that portion of the Twenty-seventh ward bounded on the north by the 
line dividing Kings and Queens counties from Flushing avenue to Jeffer- 
son street, Jefferson street south to Evergreen avenue, west to Noll 
street, south to Bushwick avenue, east to Arion place, south to Broad- 
way, west to Flushing avenue, and north to point of beginning. 
Third District: Borough of Brooklyn (County of Kings). — The Thir- 
teenth, Nineteenth and Twenty-first wards, and also that portion of the 
Twenty-seventh ward bounded on the north by the line dividing Kings 
and Queens counties, from Jefferson street to Stockholm street, south 
to Bushwick avenue, east to Kosciusko street, south to Broadway, west 
to Arion place, north to Bushwick avenue, west to Noll street, north 
to Evergreen avenue, east to Jefferson street, and north to point of be- 
ginning; and also that part of the Twenty-third ward bounded on the 
north by Lafayette avenue, from Bedford avenue to Stuyvesant avenue, 
south to Bainbridge street, west to Sumner avenue, north to McDonough 
street, west to Tompkins avenue, south to Fulton street, west to New 



66 THE AMERICAN GOVERNMENT. 

York avenue, south to Atlantic avenue, west to Franklin avenue, north 
to Brevoort place, east to Bedford avenue, and north to point of be- 
ginning. 

Fourth District: Borough of Brooklyn (County of Kings). — The 
Twenty-sixth, Twenty-eighth, Thirty-first and Thirty-second wards, and 
also that portion of the Twenty-fifth ward bounded on the north by 
Broadway, from Howard avenue to boundary line of the Twenty-sixth 
ward, south to Atlantic avenue, west to Howard avenue, north to Fulton 
street, east to Howard avenue, and north to point of beginning. 
Fifth District: Borough of Brooklyn (County of Kings). — The Eighth, 
Twenty-fourth, Twenty-ninth and Thirtieth wards, and also that portion 
of the Twenty-third ward bounded on the north by Lafayette avenue, 
from Stuyvesant avenue east to Reid avenue, south to Fulton street, 
west to Utica avenue, south to Atlantic avenue, west to New York avenue, 
north to Fulton street, east to Tompkins avenue, north to McDonough 
street, east to Sumner avenue, south to Bainbridge street, east to Stuy- 
vesant avenue, and north to the point of beginning; and also that portion 
of the Twenty-fifth ward bounded on the north by Lafayette avenue, 
from Reid avenue east to Broadway, southeast to Howard avenue, south 
to Fulton street, east to Howard avenue, south to Atlantic avenue, west 
to Utica avenue, north to Fulton street, east to Reid avenue, and north 
to the point of beginning. 

Sixth District: Borough of Brooklyn (County of Kings). — The Seventh, 
Ninth, Twentieth and Twenty-second wards, and also that portion of 
the Eleventh ward bounded on the north by Johnson street, from Bridge 
street east to Hudson avenue, south to Myrtle avenue, east to Navy 
street, south to Bolivar street, west to Hudson avenue, south to Willough- 
by street, east to Navy street, south to De Kalb avenue, east to South 
Portland avenue, south to Atlantic avenue, west to Flatbush avenue, 
northwest to Fulton street, west to Bridge street, and north to point of 
beginning. 

Seventh District: Borough of Brooklyn (County of Kings). — The 
First, Second, Third, Fourth, Fifth, Sixth, Tenth and Twelfth wards, 
and also that portion of the Eleventh ward bounded on the north by 
Flushing avenue, from Navy street east to North Portland avenue, 
across Fort Greene Park to De Kalb avenue, opposite South Portland 
avenue, west to Navy street, north to Willoughby street, west to Hudson 
avenue, north to Bolivar street, east to Navy street, north to Myrtle 
avenue, west to Hudson avenue, north to Johnson street, east to Navy 
street, and north to point of beginning. 
Eighth District: Richmond County. 

New York County. — That portion bounded as follows : Beginning at 
Battery place and North River, north to West street, north to Barrow 
street and Hudson River, east to Hudson street, north to Grove street. 



THE AMERICAN GOVERNMENT. (.'j 

northeast to Bleecker street, souheast to Cornelia street, northeast to 
Sixth avenue, south to West Third street, east to Broadway, north to 
East Fourth street, cast to the Bowery, north to Third avenue, to St 
Marks place, east to Second avenue, south to Second street, east to 
Firs avenue, south to East Houston street, west to Eldridge street 
south to Stanton street, west to Chrystie street, south to Division street" 
west to northeast corner of Division street and Bowery, to the northeast 
corner of Chatham Square and Catherine street, southeasterly to Monroe 
:street, east to Mechanic alley, and south to Cherry street, west to Market 
slip, south to the East River. icti«.et 

Ninth District: New York County.-Parts of the Second, Fourth, Eighth 
Tenth, Twelfth and Sixteenth assembly districts, as follows: Beginning 
.at the East River and Market slip, north to Cherry street, east \o Me 
chanic alley, north to Monroe street, west to Catharine street, north 
to Division street, east to Chrystie street, north to Stanton street 
east to Cannon street, south to Broome street, west to Sheriff street 
south to Grand street, west to Pitt street, south to Division street 
to Montgomery street, south to southwest corner of Henry street and 
Montgomery street, diagonally through the middle of said block to the 
northeast corner of Madison street and Clinton street, south to South 
street at East River, thence along the East River to the point or place of 
beginning. ^ 

Tenth Distrkt: New York County.-That part bounded as follows: Be- 
ginning at East Fourteenth street and the East River, west to Third 
avenue, south to St. Mark's place, east to Second avenue, south to 
Second street, east to First avenue, south to East Houston street, west 
to Eldridge street, south to Stanton street, east to Cannon street, south 
o Broome street west to Sheriff street, south to Grand street west on 

west'to M : """"' ^^"^^ ^^ ^'^ '''^''' ^°"^^ *° Divisi;n stre" 
west to Montgomery street, to northeast corner of Henry street and 
Montgomery street, diagonally through said block to the southwest cor- 
ner of Madison street and Clinton street, south to the East River, thence 
along the East River to the point or place of beginning 
Eeventh District. New York County.-That part bounded as follows: 
Beginning at Hudson River and Barrow street, east to Hudson street, 
Tiorth to Grove street, easterly to Bleecker street, easterly on Bleecker 

soutl to wTt\ '!["'' '"''•■'^ °" ^°™^"^ '''''' t° Sixth avenue, 

tree 7^^. . ''''''' '^'' '° Broadway, north to East Fourth 

street, east to Third avenue, north to East Fourteenth street, west to 

t? w''f M ?' '°"''' '° ^''* '^'"'^ '^'^^'^ ^^^t to Fifth avenue, south 
to West Ninth street, west to Christopher street, westerly to West 
Fourth street, northerly to Eighth avenue, to Hudson street, southerly 
^long Hudson street to West Eleventh street, west to Greenwich street! 
^orth to Horatio street, east to Hudson street, north to West Fourteenth 



68 THE AMERICAN GOVERNMENT. 

street, east to Eighth avenue, north to West Nineteenth street, east to 
Seventh avenue, north to West Twenty-first street, west to Eighth 
avenue, north to West Twenty-third street, east to Seventh avenue, 
north to West Fortieth street, west to Eighth avenue, north to West 
Forty-third street, west to Ninth avenue, north to West Sixtieth street, 
west to Hudson River to point of beginning at Hudson River and 
Barrow street. 

Twelfth District : New York County. — That part bounded as follows : 
Beginning at the East River and East Fourteenth street, west to Second 
avenue, north to East Eighteenth street, west to Third avenue, north 
to East Twenty-third street, west to Lexington avenue, north to East 
Twenty-ninth street, east to Second Avenue, north to East Thirty- 
seventh street, west to Third avenue, north to East Thirty-ninth street, 
west to Lexington avenue, north to East Forty-second street, east to 
Third avenue, north to East Fifty-third street, west to Lexington avenue, 
north to East Fifty-ninth street, east to Third avenue, north to East 
Sixty-fourth street, west to Lexington avenue, north to East Seventy- 
second street, to the East River to the point of beginning at the East 
River and East Fourteenth street, including Blackwell's Island. 
Thirteenth District: New York County. — That part bounded as follows: 
Beginning at the northwest corner of Hudson street and West Eleventh 
street, north to Eighth avenue, to West Fourth street, south to Christo- 
pher street, east to West Ninth street, east to Fifth avenue, north to 
East Tenth street, east to University place, north to East Fourteenth 
street, east to Second avenue, north to East Eighteenth street, west 
to Third avenue, north to East Twenty-third street, west to Lexington 
avenue, north to East Twenty-ninth street, east to Second avenue, north 
to East Thirty-seventh street, west to Third avenue, north to East 
Thirty-ninth street, west to Lexington avenue, north to East Forty- 
second street, east to Third avenue, north to East Fifty-third street, 
west to Lexington avenue, north to East Fifty-ninth street, east to Third 
avenue, north to Sixty-fourth street, west to Lexington avenue, north 
to East Eighty-ninth street, west to Park avenue, north to East Ninety- 
third street, west to Fifth avenue, south along Fifth avenue to Eighty- 
sixth street, west across Central Park to West Eighty-sixth street and 
Central Park West, south to West Fifty-ninth street, east to Sixth 
avenue, south to West Fifty-fifth street, west to Seventh avenue, south 
to West Fifty-third street, west to Eighth avenue, south to West Fortieth 
street, east to Seventh avenue, south to West Twenty-third street, west 
to Eighth avenue, south to West Twenty-first street, east to Seventh 
avenue, south to West Nineteenth street, west to Eighth avenue, south 
to West Fourteenth street, west to Hudson street, south to Horatio 
street, west to Greenwich street, south to West Eleventh street, east 



THE AMERICAN GOVERNMENT. 69 

to point of beginning at the northwest corner of West Eleventh street 
and Hudson street. 

Fourteenth District : New York County. — That part bounded as follows : 
Beginning at the East River and East Seventy-second street, west to 
Lexington avenue, north to East Eighty-ninth street, east to Third ave- 
nue, south to East Eighty-eighth street, east to the East River, to 
point of beginning at East River and East Seventy-second street. 
Queens County. — That part known as the First and Second wards of 
Queens County, whose boundaries are as follows : Beginning at New- 
town Creek and the East River to Flushing Creek, south to Ward 
street, Richmond Hill, vv-est to Forest Park, along the southern boundary 
of Forest Park through Cypress Hill Cemetery, to the Kings County 
line, northwest to Newtown Creek, to point of beginning at Newtown 
Creek and the East River. 

Fifteenth District : New York County. — That part bounded as follows : 
Beginning at the Hudson River and West Sixtieth street, east to Colum- 
bus avenue, south along Columbus avenue and Ninth avenue to West 
Forty-third street, east to Eighth avenue, north to West Fifty-third 
street, east to Seventh avenue, north to West Fifty-fifth street, east to 
Sixth avenue, north to West Fifty-ninth street, west to Central Park 
West, north to West Eighty-sixth street, east across Central Park to 
Eighty-sixth street and Fifth avenue, north along Fifth avenue to 
Ninety-third street, east to Park avenue, south to East Eighty-ninth 
street, east to Lexington avenue, north to East Ninety-sixth street, 
west to Fifth avenue, north to east Ninety-seventh street, west across 
Central Park transverse road to West Ninety-seventh street and Central 
Park West, north to West One hundred and Second street, west to 
Columbus avenue, south to West One hundred and First street, west to 
Hudson River to the point of beginning at Hudson River and West 
Sixtieth street. 

Sixteenth District : New York County. — That part bounded as follows : 
Beginning at the East River and East Eighty-eighth street, west to 
Third avenue, north to East Eighty-ninth street, west to Lexington 
avenue, north to Ea.=t Ninety-sixth street, west to Fifth avenue, north 
to East One hundred and Twentieth street, east to Park avenue, south 
to East One hundred and Nineteenth street, east to the East River to 
point of beginning at the East River and East Eighty-eighth street, 
including Randalls and Wards Islands. 

Seventeenth District : New York County. — That part bounded as follows : 
Beginning at the Hudson River and West One hundred and First street, 
east to Columbus avenue, north to West One Hundred and Second street, 
east to Central Park West, south to West Ninety-seventh street, east across 
the Central Park transverse road to Fifth avenue and East Ninety- 
seventh street, north to East One hundred and Twenty-ninth street. 



70 THE AMERICAN GOVERNMENT. 

west to Fifth avenue, north to the Harlem River, to the Hudson River,, 
to the point of beginning at the Hudson River and West One hundred 
and First street. 

Eighteenth District: New York County. — The Thirty-fourth and Thirty- 
fifth assembly districts and the annexed district bounded as follows : 
Beginning at the East River and East One hundred and Nineteenth 
street, west to Park avenue, north to East One hundred and Twenty- 
ninth street, west to Fifth avenue, north to the Harlem River, to the 
Hudson River, to the Yonkers city line, to Long Island Sound, to the 
East River, to the point of beginning at the East River and East One hun- 
dred and Nineteenth street, including islands in Long Island Sound and 
Harlem River attached to the said Thirty-fourth and Thirty-fifth assem- 
bly districts and the annexed district. 
Nineteenth District: County.— Westchester. 
Twentieth District : Counties. — Orange, Rockland and Sullivan. 
Twenty-first District: Counties. — Columbia, Dutchess, Greene and Putnam, 
Twenty-second District : Counties. — Rensselaer and Washington. 
Twenty-third District: Counties. — Albany and Schenectady. 
Twenty-fourth District: Counties. — Delaware, Otsego, Schoharie and 
Ulster. 

Twenty-fifth District: Counties. — Fulton, Hamilton, Montgomery, Sara- 
toga and Warren. 

Twenty-sixth District: Counties. — Clinton, Essex, Franklin and St. Law- 
rence. 

Twenty-seventh District: Counties. — Herkimer and Oneida. 
Twenty-eighth District: Counties. — ^Jefferson, Lewis and Oswego. 
Twenty-ninth District : Counties. — Onondaga and Madison. 
Thirtieth District: Counties. — ^Broome, Chenango, Cortland, Tioga and 
Tompkins. 

Thirty-first District: Counties. — Cayuga, Ontario, Wayne and Yates. 
Thirty-second District : County. — Monroe. 

Thirty-third District: Counties. — Chemung, Schuyler, Seneca and 
Steuben. 

Thirty-fourth District: Counties. — Genesee, Livingston, Niagara, Orleans 
and Wyoming. 

Thirty-fifth District: City of Buffalo.— The First, Second, Third, Fourth, 
Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thir- 
teenth, Fourteenth, Fifteenth, Sixteenth and Eighteenth wards. 
Thirty-sixth District: Erie County. — Seventh and Eighth assembly dis- 
tricts. 

City of Buffalo. — The Seventeenth, Nineteenth, Twentieth, Twenty-first,. 
Twenty-second, Twenty-third, Twenty-fourth and Twenty-fifth wards. 
Thirty-seventh District: Counties. — Allegany, Cattaraugus and Chau- 
tauqua. 



THE AMERICAN GOVERNMENT. 71 

North Carolina : 

First District : Counties. — Beaufort, Camden, Chowan, Currituck, Dare, 
Gates, Hertford, Hyde, Martin, Pasquotank, Perquimans, Pitt, Tyrell 
and Washington. 

Second District: Counties. — Bertie, Edgecombe, Greene, Halifax, Lenoir, 
Northhampton, Warren and Wilson. 

Third District : Counties. — Carteret, Craven, Duplin, Jones, Onslow, Pam- 
lico, Pender, Sampson and Wayne. 

Fourth District: Counties. — Chatham, Franklin, Johnston, Nash, Vance 
and Wake. 

Fifth District: Counties. — Alamance, Caswell, Durham, Forsyth, Gran- 
ville, Guilford, Orange, Person, Rockingham and Stokes. 
Sixth District : Counties. — Bladen, Brunswick, Columbus, Cumberland, 
Plarnett, New Hanover and Robeson. 

Seventh District: Counties. — Anson, Davidson, Davie, Montgomery, 
Moore, Randolph, Richmond, Scotland, Union and Yadkin. 
Eighth District: Counties. — Alexander, Allegheny, Ashe, Cabarrus, Cald- 
well, Iredell, Rowan, Stanley, Surray, Watauga and Wilkes. 
Ninth District : Counties. — Burke, Catawba, Cleveland, Gaston, Lincoln, 
Madison, Mecklenburg, Mitchell and Yancey. 

Tenth District : Counties. — Buncombe, Cherokee, Clay, Graham, Hay- 
wood Henderson, Jackson, McDowell, Macon, Polk, Rutherford, Swain 
and Transylvania. 

North Dakota : 

Representatives at large. 

Ohio: 

First District: Hamilton County.— First, Second, Third, Fourth, Fifth, 
Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Eighteenth, Twenty- 
sixth, Twenty-seventh and Thirty-first wards of the city of Cincinnati; 
Anderson, Columbia, Sycamore, Symmes and Spencer townships, and 
precincts of Mill Creek township, as follows: Bond Hill, Carthage, 
Norwood, St. Bernard and Evanston. 

Second District: Hamilton County. — Twelfth, Thirteenth, Fourteenth, 
Fifteenth, Sixteenth, Seventeenth, Nineteenth, Twentieth, Twenty-first, 
Twenty-second, Twenty-third, Twnty-fourth, Twenty-fifth, Twenty- 
eighth, Twenty-ninth and Thirtieth wards of the city of Cincinnati, the 
towns of Colerain, Crosby, Delhi, Green, Harrison, Miami, Springfield 
and Whitewater, and Elmwood, College Hill, Western and Winton Place 
precincts of Mill Creek township. 

Third District: Counties. — Butler, Montgomery and Preble. 
Fourth District: Counties. — Allen, Auglaize, Darke, Mercer and Shelby. 



7^ THE AMERICAN GOVERNMENT. 

Fifth District: Counties.— Defiance, Henry, Paulding, Putnam, Van Wert 
and Williams. 

Sixth District: Counties. — Brown, Clermont, Clinton, Greene, Highlands 
and Warren. 

Seventh District: Counties.— Clark, Fayette, Madison, Miami and Pick- 
away. 

Eighth District: Counties. — Champaign, Delaware, Hancock, Hardin, 
Logan and Union. 

Ninth District: Counties. — Fulton, Lucas, Ottawa and Wood. 
Tenth District : Counties. — Adams, Gallia, Jackson, Lawrence, Pike and 
Scioto. 

Eleventh District : Counties. — Athens, Fairfield, Flocking, Meigs, Perry, 
Ross and Vinton. 

Twelfth District : County. — Franklin. 

Thirteenth District : Counties. — Crawford, Erie, Marion, Sandusky, Sen- 
eca and Wyandot. 

Fourteenth District : Counties. — Ashland, Huron, Knox, Lorain, Morrow 
and Richland. 

Fifteenth District : Counties. — Guernsey, Morgan, Muskingum, Noble 
and Washington. 

Sixteenth District: Counties. — Belmont, Carroll, Harrison, Jefferson and 
Monroe. 

Seventeenth District : Counties. — Coshocton, Holmes, Licking, Tuscara- 
was and Wayne. 

Eighteenth District: Counties. — Columbiana, Mahoning and Stark. 
Nineteenth District : Counties. — Ashtabula, Geauga, Portage, Summitt 
and Trumbull. 

Twentieth District : Counties. — Lake, Medenia and the townships of 
Bedford, Brecksville, Brooklyn, Chagrin Falls, Collinwood, Dover, East 
Cleveland, Euclid, Glenville, Independence, Mayfield, Middleburg, New- 
burg, Olmstead, Orange, Palma, Rockport, Royalton, Solon, Strongsville, 
Warrensville and West Park, of Cuyahoga County, and the Twenty- 
sixth, Twenty-eighth, Twenty-ninth, Thirtieth, Thirty-first, Thirty- 
second, Thirty-third, Thirty-fourth, Thirty-fifth, Thirty-sixth Thirty- 
seventh, Thirty-eighth, Thirty-ninth, Fortieth, Forty-first and Forty- 
second wards of the city of Cleveland. 

Twenty-first District: City of Cleveland. — First, Second, Third, Fourth, 
Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thir- 
teenth, Fourteenth, F'ifteenth, Sixteenth, Seventeenth, Eighteenth, Nine- 
teenth, Twentieth, Twenty-first, Twenty-second, Twenty-third, Twenty- 
fourth, Twenty-fifth and Twenty-seventh wards. 



THE AMERICAN GOVERNMENT. 7Z 

Oklahoma : 

First District: The counties of Grant, Kay, Garfield, Noble, Pawnee, 

Kingfisher, Logan, Payne, Lincoln, and the territory comprising the 

Osage and Kansas Indian reservations. 

Second District : The counties of Oklahoma, Canadian, Blaine, Caddo, 

Custer, Dewey, Day, Woods, Woodward and Beaver. 

Third District : (With the exception of that part of recording district 

numbered twelve, which is in the Cherokee and Creek nations) all the 

territory now constituting the Cherokee, Creek and Seminole nations and 

the Indian reservations lying northeast of the Cherokee Nation, within 

said State. 

Fourth District : All the territory now constituting the Choctaw Nation, 

that part of recording district numbered twelve which is in the Cherokee 

and Creek nations, that part of recording district numbered twenty-five 

which is in the Chickasaw Nation, and the territory comprising recording 

districts numbered sixteen, twenty-one, twenty-two and twenty-six, in the 

Indian Territory. 

Fifth District : The counties of Greer, Roger Mills, Kiowa, Washita, 

Comanche, Cleveland and Pottawatomie, and the territory comprising 

recording districts numbered seventeen, eighteen, nineteen and twenty, 

in the Chickasaw Nation, Indian Territory. 

Oregon : 

First District : Counties. — Benton, Clackamas, Coos, Curry, Douglas, 
Jackson, Josephine, Klamath, Lake, Lane, Lincoln, Linn, Marion, Polk, 
Tillamook, Washington and Yamhill. 

Second District : Counties. — Baker, Clatsop, Columbia, Crook, Gilliam, 
Grant, Harney, Malheur, Morrow, Multnomah, Sherman, Umatilla, 
Union, Wallowa, Wasco and Wheeler. 

Pennsylvania : 

First District : City of Philadelphia. — First, Seventh, Twenty-sixth, Thir- 
tieth, Thirty-sixth and Thirty-ninth wards. 

Second District : City of Philadelphia. — Eighth, Ninth, Tenth, Thirteenth, 
Fourteenth, Fifteenth, Twentieth and Thirty-seventh wards. 
Third District: City of Philadelphia. — Second, Third, Fourth, Fifth, 
Sixth, Eleventh, Twelfth, Sixteenth, Seventeenth, Eighteenth and Nine- 
teenth wards. 

Fourth District: City of Philadelphia. — Twenty-eighth, Twenty-ninth, 
Thirty-second and Thirty-eighth wards. 

Sixth District : City of Philadelphia. — Twenty-first, Twenty-second, 
Twenty-fourth, Twenty-seventh, Thirty-fourth, Fortieth and Forty- 
second wards. 
Seventh District : Counties. — Chester and Delaware. 



74 THE AMERICAN GOVERNMENT. 

Eighth District: Counties. — Bucks and Montgomery. 
Ninth District: County. — Lancaster. 
Tenth District : County. — Lackawanna. 
Eleventh District : County. — Luzerne. 
Twelfth District : County. — Schuylkill. 
Thirteenth District : Counties. — Berks and Lehigh. 

Fourteenth District: Counties. — Bradford, Susquehanna, Wayne and 
Wyoming. 

Fifteenth District : Counties. — Clinton, Lycoming, Potter and Tioga. 
Sixteenth District : Counties. — Columbia, Montour, Northumberland and 
Sullivan. 

Seventeenth District: Counties. — Franklin, Fulton, Huntingdon, Juniata, 
Mifflin, Perry, Snyder and Union. 

Eigheenth District : Counties. — Cumberland, Dauphin and Lebanon. 
Nineteenth District : Counties. — Bedford, Blair and Cambria. 
Twentieth District: Counties. — Adams and York. 

Twenty-first District : Counties. — Cameron, Center, Clearfield and Mc- 
Kean. 

Twenty-second District : Counties. — Butler and Westmoreland. 
Twenty-third District : Counties. — Fayette, Greene and Somerset. 
Twenty- fourth District : Counties. — Beaver, Lawrence and Washington. 
Twenty-fifth District : Counties. — Crawford and Erie. 
Twenty-sixth District : Counties. — Carbon, Monroe, Northampton and 
Pike. 

Twenty-seventh District : Counties. — Armstrong, Clarion, Indiana and 
Jefiferson. 

Twenty-eighth District : Counties. — Elk, Forest, Mercer, Venango and 
Warren. 

Twenty-ninth District: Counties. — Allegheny County; City of Allegheny 
and the townships and boroughs north of the Ohio River. 
Thirtieth District: Counties. — Allegheny County; Twentieth, Twenty- 
first and Thirty-seventh wards of the city of Pittsburg, the city of 
McKeesport, boroughs of Braddock, East McKeesport, East Pittsburg, 
Edgwood, Elizabeth, North Braddock, Oakmont, Pitcairn, Port Vue, 
Rankin, Swissvale, Turtle Creek, Verona, Versailles, Wilkinsburg and 
Wilmerding, townships of Braddock, Elizabeth, Forward, Lincoln, North 
Versailles, Patton, Penn, Plum, South Versailles, Sterrett, Versailles 
and Wilkins. 

Thirty-first District : City of Pittsburg. — First, Second, Third, Fourth, 
Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thir- 
teenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, Eighteenth, Nine- 
teenth and Twenty-third wards. 

Thirty-second District : Allegheny County. — Twenty-second, Twenty- 
fourth, Twenty-fifth, Twenty-sixth, Twenty-seventh, Twenty-eighth, 



THE AMERICAN GOVERNMENT. 75 

Twenty-ninth, Thirtieth, Thirty-first, Thirty-second, Thirty-third, Thirty- 
fourth, Thirty-fifth, Thirty-sixth and Thirty-eighth wards of the city 
of Pittsburg; boroughs of Caraopolis, Crafton, Carnegie, Duquesne, 
Esplen, Elliott, Greentree, Homestead, Knoxville, Montooth, Mount 
Oliver, McKees Rocks, Oakdale, Sheraden, West Liberty and West 
Elizabeth; townships of Baldwin, Bethel, Crescent, Chartiers, Collier, 
Findley, Jefferson, Lowes, Mifflin, Moon, North Fayette, Neville, Robin- 
son, St. Clair, Scott, Snowden, South Fayette, Stowe, Union and Upper 
St. Clair. 

Rhode Island: 

First District: Counties. — Bristol and Newport, and the city of 

Providence. 

Second District: Counties. — Kent and Washington, and all of Providence 

outside the city of Providence. 

South Carolina : 

First District: Counties. — Berkeley, Charleston, Clarendon, Colleton and 
Dorchester. 

Second District: Counties. — Aiken, Bamberg, Barnwell, Beaufort, Edge- 
field, Hampton and Saluda. 

Third District: Counties. — Abbeville, Anderson, Greenwood, Newberry, 
Oconee and Pickens. 

Fourth District: Counties. — Greenville, Laurens, Spartanburg and Union. 
Fifth District: Counties. — Cherokee, Chester, Chesterfield, Fairfield, Ker- 
shaw, Lancaster and York. 

Sixth District: Counties. — Darlington, Florence, Georgetown, Horry, 
Marion, Marlboro and Williamsburg. 

Seventh District : Counties. — Lee, Lexington, Orangeburg, Richland and 
Sumter. 

South Dakota : 

Representatives at large. 

Tennessee : 

First District: Counties. — Carter, Claiborne, Cocke, Grainger, Greene, 
Hancock, Hawkins, Johnson, Sevier, Sullivan, Unicoi and Washington. 
Second District : Counties. — Anderson, Blount, Campbell, Hamblen, Jef- 
ferson, Knox, Loudon, Roane, Scott and Union. 

Third District : Counties. — Bledsoe, Bradley, Franklin, Grundy, Hamil- 
ton, Marion, McMinn, Meigs, Monroe, Polk, Sequatchie, Van Buren, 
Warren and White. 

Fourth District: Counties. — Clay, Cumberland, Fentress, Jackson, Macon, 
Morgan, Overton, Pickett, Putnam, Rhea, Smith, Sumner, Trousdale 
and Wilson. 



76 THE AMERICAN GOVERNMENT. 

Fifth District: Counties. — Bedford, Cannon, Coffee, DeKalb, Lincoln^ 
Marshall, Moore and Rutherford. 

Sixth District : Counties. — Cheatham, Davidson, Montgomery, Robert- 
son and Stewart. 

Seventh District : Counties. — Dickinson, Giles, Hickman, Houston, 
Humphreys, Lawrence, Lewis, Maury, Wayne and Williamson. 
Eighth District: Counties. — Benton, Carroll, Chester, Decatur, Hardin, 
Henderson, Henry, McNairy, Madison and Perry. 

Ninth District : Counties. — Crockett, Dyer, Gibson, Haywood, Lake, 
Lauderdale, Obion and Weakley. 
Tenth District : Counties.— Fayette, Hardeman, Shelby and Tipton. 

Texas : 

First District: Counties. — Bowie, Camp, Cass, Delta, Franklin, Hopkins, 
Lamar, Marion, Morris, Red River and Titus. 

Second District : Counties. — Angelina, Cherokee, Hardin, Harrison, Jas- 
per, Jefferson, Nacogdoches, Newton, Orange, Panola, Sabine, San 
Augustine, Shelby and Tyler. 

Third District : Counties.— Gregg, Henderson, Kaufman, Rusk, Smith, 
Upshur, Van Zandt and Wood. 

Fourth District : Counties. — Collin, Fannin, Grayson, Hunt and Rains. 
Fifth District : Counties. — Bosque, Dallas, Ellis, Hill and Rockwall. 
Sixth District : Counties. — Brazos, Freestone, Limestone, Milam, Na- 
varro and Robertson. 
Seventh District : Counties. — Anderson, Chambers, Galveston, Houston, 

' Liberty, Polk, San Jacinto and Trinity. 

Eighth District: Counties. — Austin, Fort Bend, Grimes, Harris, Leon, 
Madison, Montgomery, Walker and Waller. 

Ninth District : Counties. — Arkansas, Bee, Brazoria, Calhoun, Colorado, 
DeWitt, Fayette, Goliad, Gonzales, Jackson, Karnes, Lavaca, Matagorda, 
Refugio, Victoria and Wharton. 

Tenth District : Counties. — Bastrop, Burleston, Caldwell, Hays, Lee, 
Travis, Washington and Williamson. 

Eleventh District : Counties. — Bell, Coryell, Falls, Hamilton and Mc- 
Lennan. 

Twelfth District : Counties. — Comanche, Erath, Hood, Johnson, Parker, 
Somerville and Tarrant. 

Thirteenth District : Counties. — -Archer, Armstrong, Bailey, Bailor, Bris- 
coe, Carson, Castro, Childless, Clay, Collingsworth, Cook, Cottle, Dallam, 
Deaf Smith, Denton, Dickens, Donley, Floyd, Foard, Gray, Hale, Hall, 
Hansford, Hardeman, Hartley, Hemphill, Hutchinson, Jack, Knox, Lamb, 
Lipscomb, Montague, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, 
Randall, Roberts, Sherman, Swisher, Throckmorton, Wheeler, Wichita, 
Wilbarger, Wise and Young. 



THE AMERICAN GOVERNMENT. ^^ 

Fourteenth District : Counties. — Bandera, Bexar, Blance, Brown, Bur- 
nett, Coleman, Comal, Gillespie, Kendall, Kerr, Lampassas, Llano, Mc- 
Culloch, Mason, Mills and San Saba. 

Fifteenth District : Counties. — Atacosa, Cameron, Dimmitt, Duval, Frio, 
Guadalupe, Hidalgo, Kinney, Lasalle, Live Oak, Maverick, McMullen, 
Medina, Nueces, San Patricio, Starr Uvalde, Valverde, Webb, Wilson, 
Zapata and Zavalla. 

Sixteenth District : Counties. — Andrews, Borden, Brewster, Callahan, 
Cochran, Coke, Concho, Crane, Crockitt, Crosby, Dawson, Eastland, 
Ector, Edwards, El Paso, Fisher, Gaines, Garza, Glasscock, Haskell, 
Hockley, Howard, Irion, Jeff Davis, Jones, Kent, Kimble, King, Loving, 
Lubbock, Lynn, Martin, Menard, Midland, Mitchell, Nolan, Palo, Pinto, 
Pecos, Presidio, Reagan, Reeves, Runnels, Schleicher, Scurry, Shakle- 
ford, Stephens, Sterling, Stonewall, Sutton, Taylor, Tirrell, Terry, 
Tom Green, Upton, Ward, Walker and Yoakum. 

Utah : 

Representative at large. 

Vermont : 

First District : Counties. — Addison, Bennington, Chittenden, Franklin, 
Grand Isle, Lamoille and Rutland. 

Second District : Counties. — Caledonia, Essex, Orange, Orleans, Wash- 
ington, Windham and Windsor. 

Virginia : 

First District : Counties. — Accomac, Caroline, Essex, Gloucester, King 
and Queen, Lancaster, Matthews, Middlesex, Northampton, Northumber- 
land, Richmond, Spottsylvania and Westmoreland. 

Second District : Counties. — Charles City, EHzabeth City, Isle of Wight, 
James City, Nansemond, Norfolk, Princess Anne, Southampton, Surry, 
Warwick and York, and the cities of Norfolk, Portsmouth, Williams- 
burg and Newport News. 

Third District : Counties.— Chesterfield, Goochland, Hanover, Henrico, 
King William and New Kent, and the cities of Richmond and Man- 
chester. 

Fourth District : Counties. — Amelia, Brunswick, Dinwiddle, Greensville, 
Lunenburg, Mecklenburg, Nottoway, Powhatan, Prince Edward, Prince 
George and Sussex, and the city of Petersburg. 

Fifth District : Counties. — Carroll, Floyd, Franklin, Grayson, Henry, 
Patrick and Pittsylvania, and the city of Dansville. 

Sixth District : Counties. — Bedford, Campbell, Charlotte, Halifax, Mont- 
gomery and Roanoke, and the cities of Lynchburg, Radford and Roanoke. 
.Seventh District: Counties. — Albemarle, Clarke, Frederick, Greene, Mad- 



78 THE AMERICAN GOVERNMENT. 

ison, Page, Rappahannock, Rockingham, Shenandoah and Warren, and 

the cities of Charlottesville and Winchester. 

Eighth District: Counties. — Alexandria, Culpeper, Fairfax, Fauquier, 

King George, Loudon, Louisa, Orange, Prince William and Stafford, 

and the city of Alexandria. 

Ninth District : Counties. — Bland, Buchanan, Craig, Dickenson, Giles, 

Lee, Pulaski, Russell, Scott, Smyth, Tazewell, Washington, Wise and 

Wythe, and the city of Bristol. 

Tenth District: Counties. — Alleghany, Amherst, Appomattox, Augusta, 

Bath, Botetourt, Buckingham, Cumberland, Fluvanna, Highland, Nelson 

and Rockbridge, and the cities of Buena Vista and Staunton. 

Washington : 

Representatives at large. 

West Virginia: 

First District: Counties. — Brooke, Hancock, Harrison, Lewis, Marion, 
Marshall, Ohio and Wetzel. 

Second District: Counties. — Barbour, Berkeley, Grant, Hampshire, 
Hardy, Jefferson, Mineral, Monongalia, Morgan, Pendleton, Preston, 
Randolph, Taylor and Tucker. 

Third District: Counties. — Clay, Fayette, Greenbrier, Kanawha, Mon- 
roe, Nicholas, Pocahontas, Summers, Upshur and Webster. 
Fourth District: Counties. — Braxton, Calhoun, Doddridge, Gilmer, Jack- 
son, Pleasants, Ritchie, Roane, Tyler, Wirt and Wood. 
Fifth District: Counties. — Boone, Cabell, Lincoln, Logan, McDowell, 
Mason, Mercer, Mingo, Putnam, Raleigh, Wayne and Wyoming. 

Wisconsin : 

First District: Counties. — Green, Kenosha, Lafayette, Racine, Rock and 
Walworth. 

Second District: Counties. — Adams, Columbia, Dane, Green Lake, Jef- 
ferson and Marquette. 

Third District: Counties. — Crawford, Grant, Iowa, Juneau, Richland, 
Sauk and Vernon. 

Fourth District: Milwaukee County. — Second, Third, Fourth, Fifth, 
Seventh, Eighth, Eleventh, Twelfth, Fourteenth, Fifteenth, Sixteenth, 
Seventeenth and Twenty-third wards of the city of Milwaukee; cities 
of South Milwaukee and Wauwatosa; towns of Franklin, Greenfield, 
Lake, Oak Creek and Wauwatosa. 

Fifth District: Milwaukee County.— First, Sixth, Ninth, Tenth, Thir- 
teenth, Eighteenth, Nineteenth, Twentieth, Twenty-first and Twenty- 
second wards of the city of Milwaukee; towns of Granville and Mil- 
waukee; villages of North Milwaukee and Whitefish Bay. 



THE AMERICAN GOVERNMENT. 79 

Sixth District : Counties. — Dodge, Fond du Lac, Ozaukee, Sheboygan 
and Washington. 

Seventh District: Counties. — Buffalo, Clark, Eau Claire, Jackson, La 
Crosse, Monroe, Pepin and Trempealeau. 

Eighth District : Counties. — Calumet, Manitowoc, Portage, Waupaca, 
Waushara and Winnebago. 

Ninth District : Counties. — Brown, Door, Kewaunee, Marinette, Oconto 
and Outagamie. 

Tenth District : Counties. — Ashland, Florence, Forest, Iron, Langlade, 
Lincoln, Marathon, Oneida, Price, Shawano, Taylor, Vilas and Wood. 
Eleventh District : Counties. — Barron, Bayfield, Burnett, Chippewa, Doug- 
las, Dunn, Pierce, Polk, Rusk, St. Croix, Sawyer and Washburn. 

Wyoming : 

Representative at large. 



8o 



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^4 THE AMERICAN GOVERNMENT. 



CHAPTER IV. 

THE SUPREME COURT OF THE UNITED STATES, 

Fully to detail the power's and prerogatives of members of the 
Supreme Court of the United States would require entrance upon 
the consideration of the jurisdiction of that body which would extend 
the limits of this chapter far beyond those proposed for the original 
size of the entire book. The English courts of law, in determining 
upon and establishing the common law of England have, throughout 
the centuries, treated the English jurisprudence at a constantly 
growing entity, of which, at no time, could any man say that thus 
stood the law in finality. The same is true of the Supreme Court 
of the United States. So long as questions arise affecting the 
economic and political conditions of this country, the limtis of the 
jurisdiction of the Supreme Court will not be defined, and any 
description of that body will necessarily be incomplete, for the 
reason that no one can tell what part of the future will be in- 
fluenced and developed by the views of the Supreme Court as to 
its functions with relation to the progress of this country in those 
directions which may be reached by judicial action. 

For all practical purposes and considerations, the Supreme Court, 
as it stands to-day, may be regarded, at least by laymen, as the 
Supreme Court which was intended by the founders of the Con- 
stitution. The conclusions on matters relating to the characteristics 
of the Supreme Court which were arrived at by Marshall and 
Story and have been confirmed by a long line of brilliant and able 
jurists as the result of nearly a century of most painstaking care, 
study and deliberation, while the favorite subject of discussion of 
learned doctors of constitutional law, may well be taken as sufficient- 
ly authentic, at least, for popularly describing the Supreme Court 
as it is to-day, as the Supreme Court which was contemplated by 
the founders of the Constitution. 



THE AMERICAN GOVERNMENT. 8s 

The chief subject in the consideration and description of the Su- 
preme Court is the question of jurisdiction. In the matters of proce- 
dure, it follows the usual course of American jurisprudence, that 
is to say, its procedure is founded upon that of the English courts, 
with such modifications as have seemed to be wise under the condi- 
tions obtaining in the United States. With the exception of the 
State of Louisiana, which adopted the French or civil law, all of 
the States of the American Union have adopted, as a basis bf 
their jurisprudence, the English common law as it existed at the 
time of the Revolution, and have amended and affirmed it as has 
seemed to be best suited to the purposes of the various States. In 
the application of the Federal law, however, there is this marked 
difference : that while the State courts apply the principles of law 
and equity with a view wholly to determine whether there has been 
a wrong which should be righted, or whether there is a right that 
should be affirmed, the Judges of the Federal courts have to de- 
termine whether the cause presented to them comes within the terms 
of the constitutional grant of jurisdiction. It would seem that the 
judical power of the United States, and especially the Supreme 
Court, was contemplated in a three-fold capacity by the framers of 
the Constitution ; as a means for the settlement of disputes between 
the States ; as a guarantee to the citizens of each State that their 
rights under the Federal form of government should not be en- 
croached upon by their own State government ; and as a means for 
the adjudication of cases arising under the administration of the 
Federal Government, and on the high seas and in such other places 
as no process of a State court could run. It has been questioned 
if the framers of the Constitution contemplated the fourth function 
exercised by the Supreme Court of the United States, namely, that 
of determining the validity or nonvalidity of a law passed by Con- 
gress. It has been said that the Supreme Court of the United States 
was the first court in the history of the world to exercise the power 
of so passing upon a law duly enacted by a formally constituted 
legislative body. Since the judicial power of the United States is, 
by the Constitution, extended to all cases in law and equity arising 
under the Constitution, and since the Congress, in the exercise of 



86 THE AMERICAN GOVERNMENT. 

the legislative power, is strictly limited by the terms of the Con- 
stitution, it has been held to follow that a case which challenges the 
constitutionality of an enactment of Congress, and which is decided 
against the terms of the act by the Supreme Court, secures, by 
virtue of such decision, the nullification of the law although passed 
in due form by both Houses of Congress and approved by the 
President. It is not to be misunderstood that the Justices of the 
Supreme Court of themselves have this power of nullification. They 
are, however, made by the Constitution interpreters of its terms, and 
their decision adverse to a law passed as suggested, is simply the 
notification to the Congress and to the President that the interpre- 
tation of the last two was at fault. Thus, while Congress was 
entrusted with making the laws of the country, and the 
President was given the responsibility of their execution, a third 
power was, even if not actually intended, put into effect which 
should stand between both of the other powers and the people. 
The judicial power was vested with all the majesty of the law 
for the purpose of punishing offenders while, at the same time, 
it constituted a great defensive force by which the people, without 
the necessity of resort to overt acts, could be defended against 
encroachment upon their rights whether by the other two powers 
of the Federal Government, or by the act of the independent States 
themselves. Finally, there was established, by the device of the 
Supreme Court, the machinery for the peaceful settlement of dis- 
putes between the independent States which had come together to 
form the Federal Union. 

That the judiciary was established as such a safeguard is evident 
by the care with which its membership is made independent of both 
legislative and executive power. Alone, among the constitutional 
functionaries, the judges are to hold their offices during good be- 
havior, and specific provision is made for a compensation to be 
paid at stated times, and which shall not be diminished during the 
continuance of the judges in office, that is to say, no judge may re- 
ceive at any time a smaller salary than that which he receives at the 
date of his appointment. 

In the constitution of the Supreme Court as a solemn tri- 



THE AMERICAN GOVERNMENT. 87 

bimal of original jurisdiction for the most important classes of 
cases, and of final resort for contested questions, there appears the 
agreement of the people of the various colonies, differing so 
widely in characteristics, to submit their many controversies, ap- 
parent and unforeseen, to an arbitration founded on the structure of 
the English law and built with such wisdom that the succeeding 
amplifications have fallen into their places with harmony, so that the 
Supreme Court of the United States is to-day, as it always has 
been, one of the most satisfactory contemplations of the American 
citizen. 

The Supreme Court consists of a presiding justice, whose title 
is that of the Chief Justice of the United States, and eight associate 
justices. All of these are appointed by the President, by and with 
the advice and consent of the Senate, and hold their offices during 
good behavior, and can only be removed upon impeachment. They 
receive the annual salary of $12,500, and $500 additional is paid 
to the Chief Justice, making his salary $13,000. 

Sessions of the Supreme Court of the United States are held 
during one term commencing on the second Monday of October in 
each year. The Justices may also provide adjourned or special 
terms. Six members constitute a quorum, and if less than six 
members are present at any session, those present may adjourn 
from day to day for twenty days, at the expiration of which if a 
quorum does not attend, the court is adjourned to the next ap- 
pointed session. During the twenty days, however, in spite of 
the lack of a quorum, necessary orders may be made for various 
proceedings preparatory to the trial of cases. The precedence of 
the associate members of the Supreme Court of the United States 
is in accordance with the dates of their commissions, but if two 
commissions bear the same date the older Justice has the precedence. 
If there is a vacancy in the office of the Chief Justice or the Chief 
Justice is unable to perform his duties for any reason, the As- 
sociate Justice first in the order of precedence acts as Chief Justice 
until the lack of a Chief Justice is supplied. It is not usual to ap- 
point a Chief Justice from among the Associate Justices. Members 
of the Supreme Court appoint a clerk, a marshal, and a reporter 



88 THE AMERICAN GOVERNMENT. 

of Decisions. Sessions of the court which were formerly held in 
a room on the ground floor of the Capitol of the United States in 
Washington, are now held in the dignified chamber occupied by the 
Senate of the United States before the erection of the 
present Senate wing of the Capitol. In the original constitution 
of the court, the Justices of the Supreme Court were to act as 
presiding justices of the circuit courts, which were arranged by the 
original judiciary act to include the various district courts of the 
country, in accordance with their geographical positions. The 
practice of Justices of the Supreme Court going on the circuits, 
however, has been almost obsolete for years on account of the 
pressure of the business of the court, but each Justice is still as- 
signed to a circuit as the titular head of the courts of that division 
of the judiciary, and may, when there is no judge of the circuit 
court available, issue certain orders as presiding justice of the cir- 
cuit. Unless, however, necessity exists because of the absence of 
the circuit judge or of the district judge qualified to act in the 
case, such an order could not be signed in Washington, but the 
Justice would have to proceed to the circuit. It may also occur 
that an important case might need the presence of the Supreme 
Court Justice assigned to the circuit, at a sitting of the circuit 
court, or circuit court of appeals, and in general the business 
relative to the supervision of the judicial affairs of the United 
States circuit courts comes respectively under the Justices in ac- 
cordance with their circuit assignments. The statutes require 
that each Justice of the Supreme Court shall hold at least one 
term of court in the Circuit to which he is assigned in each two 
years. On account of the pressure of other business these sit- 
tings are necessarily brief. 

As has been previously suggested, in addition to the questions 
arising under the practice of the modified common law in the 
Supreme Court of the United States, the additional questions arise 
in Federal courts as to the jurisdiction of such courts under the 
Constitution. Problems relating to the jurisdiction of the Supreme 
Court are especially difficult, and have not only been considered 
frequently and at length in previous decisions of the court itself. 



THE AMERICAN GOVERNMENT. 89 

but are being presented daily for consideration and decision. The 
Constitution provides that in all cases affecting ambassadors, other 
public ministers and consuls, and those in which a State shall be a 
party, the Supreme Court shall have original jurisdiction; that is to 
say, that any case involving or affecting the classes of litigants 
named may be brought directly into the Supreme Court. The 
principle of the inferior and the superior courts is a familiar one, 
namely, that causes of lesser importance shall be determined in 
the lower and more numerous courts, leaving the higher courts, 
which are fewer in number, free to devote their time to other than 
what may be called the routine matters of jurisprudence. The 
necessary oversight and direction of the procedure of the lower 
courts by the higher is exercised through the right of appeal, and 
litigants, dissatisfied with the decree of the lower court, may take 
the case to a higher court for review and reconsideration. The 
Supreme Court of the United States being the court of last resort 
in the Federal branch of American jurisprudence, it is evident that 
only cases of the highest importance should be brought into the 
Supreme Court as original or initiatory proceedings. Under the 
power given to Congress to establish and ordain inferior courts, the 
former has, for the purpose of discouraging, so far as possible, 
original suits in the Supreme Court, limited its exclusive jurisdiction, 
that is, that shared with no other court, to three classes of cases, 
namely, those in which two States are the parties, or the United 
States and a State and those brought against ambassadors or men- 
bers of their household. In each of these cases the principle of 
sovereignty is involved in that the States, as being in themselves 
independent sovereigns, and ministers as representatives of 
sovereigns, ought not to be brought before an inferior court to that 
of the highest, and ought not to be subjected to any delay in the 
settlement of a controversy, unless in case of the ambassador, such 
controversy should be initiated by the foreign diplomatic represen- 
tative himself. When, however, in a controversy in which a State 
is a party, the opposing party is not another State or the United 
States, while the case may be brought in the Supreme Court, it 
may also be brought in the inferior court, and when an ambassador 



90 THE AMERICAN GOVERNMENT. 

or other public minister in a foreign country brings an action, or a 
consul or vice-consul is a party in any case, the action may be 
brought either in the Supreme Court or in the inferior court, as 
may be deemed advisable. The situation, then, as to cases which 
may be begun in the Supreme Court, is that controversies between 
sovereign States and against ambassadors and members of their 
households must be brought in the Supreme Court. Controversies 
in which a State is a party with citizens on the other side, may be- 
brought either in the Supreme Court or in a lower court, and the 
same is true of a suit brought by an ambassador or minister or in 
which a consul or vice-consul is a party. 

It is evident that the foregoing classes of cases, even if ad- 
vantage were taken of the option to appear in the Supreme Court 
in every case of possible original jurisdiction, would not account 
for the great number of cases now before the Supreme Court of 
the United States. As a matter of fact, the original docket, or list 
of cases in which the court takes original jurisdiction, is com- 
paratively insignificant. The greater part of the work of the 
court comes from the classes of cases in which the court is given 
appellate jurisdiction, and questions so arising present the many 
and novel propositions which make the Supreme Court of the 
United States a living entity and a perpetual fountain of law and 
jurisprudence. Appeals to the Supreme Court may be taken in 
certain cases from the district courts, in certain other cases from 
the circuit courts, and in another class of cases by appeal to the 
Supreme Court itself for certain writs, the issuance of which is 
provided for by the statutes in cases which come within the 
Constitutional jurisdiction of the Supreme Court. Thus while 
the Supreme Court cannot issue all of the prerogative writs as 
can a court proceeding under the common law, unlimited by Con- 
stitution, it can issue writs of prohibition to district courts when- 
such courts are proceeding as courts of admiralty and with mari- 
time jurisdiction, that is to say, it can direct a district court not 
to do certain things relating to the operation of vessels. By like 
provisions of law the Supreme Court can issue writs of manda- 
mus to any courts under the authority of the United States or to- 



THE AMERICAN GOVERNMENT. pj 

any persons holding office under the United States, commanding 
them to do certain things when a State or a foreign representative 
is a party in the case in which the mandamus is framed ; other- 
wise the issuance of writs out of the Supreme Court consists in 
the issuance of writs of certiorari in certain cases, and of injunc- 
tion in cases in which the Supreme Court would have jurisdic- 
tion if brought as proceedings in that court. Appeals or writs of 
error, however, may be taken to the Supreme Court in a consider- 
able number of classes of cases from the district and circuit 
courts. If, in r.ny case, the jurisdiction of the district court is in ques- 
tion, an appeal or writ of error may be taken direct to the Su- 
preme Court instead of through the circuit court and circuit court 
of appeal. In this case, however, the facts and merits of the 
controversy, except so far as they affect the jurisdiction of the 
court, are not to be considered by the Supreme Court, which 
would take cognizance of the question of jurisdiction alone. Sim- 
ilar actions in appeal from final decisions in prize cases in the 
district court, or in cases of conviction of a capital crime, can be 
taken. In any case brought in the district court which involves 
the construction or application of the Constitution of the United 
States, or any case in which the constitutionality of any law or the 
validity and construction of any treaty is drawn into question, or 
any case in which the constitution or law of a State is claimed to 
be in contravention of the Constitution of the United States, an 
appeal or writ of error may be taken directly to the Supreme 
Court, without the necessity of going through the lower appel- 
late court. This latter provision is made in order that there 
shall be as little delay as possible in determining on the questions 
of constitutional law, such law including within its scope all of the 
matters suggested in the foregoing ground for direct appeal. 

It is contemplated that all the classes of cases not belonging 
to the foregoing and which constitute the bulk of the litigation 
in the Federal courts, shall proceed from the lower courts 
to the circuit court of appeals and to be as far as possible 
finally determined upon without the necessity of action by the 
Supreme Court, In case, however, any controversy duly be- 



92 THE AMERICAN GOVERNMENT. 

fore the circuit court judges presents questions of law concern- 
ing which the court desires the instruction of the Supreme Court, 
it may be certified by the judges of the circuit court upon the law 
points and the Supreme Court may either decide upon the point 
raised, in which case the instructions given are binding upon the 
judges of the circuit court, or the Supreme Court may direct that 
the whole record shall be sent up for its consideration and review, 
in which case the controversy would be heard and adjudicated as 
though it had been brought to the court for review by a writ 
of error or an appeal Moreover, it is made competent for and in 
some cases the duty of the Supreme Court to issue a writ of 
certiorari or certification to the circuit court in order that a case 
which, but for this action on the part of the Supreme Court, 
would be finally decided in the circuit court or court of appeals 
may be brought up for consideration and adjudication by the 
Supreme Court. This action would be especially taken in the 
case of a decision by the lower courts which would have a ten- 
dency to confuse or complicate the administration of the law by a 
decision differing from those preyiously given on the same 
point of law. In certain classes of cases stated in the chapter on 
"The Judiciary," the decisions of the lower courts are made 
final, but in others than these cases, a right is established by 
statute to an appeal, writ of error or review. The United States 
may also appeal in cases in the Court of Claims where the judg- 
ments are adverse to the United States, and claimants in the 
Court of Claims may appeal to the Supreme Court where the 
amount in controversy is in excess of $3,000, or where an order 
of forfeiture of the claim to the United States has been made by 
reason of alleged fraud in the claim. By recent legislation, the 
United States has also been given the right of appeal in criminal 
cases from the district or circuit courts when the invalidity or 
construction of a statute is in question, or when there has been a 
decision or judgment sustaining a plea in bar, so that the defend- 
ant has not been put in jeopardy. 

A further and much discussed right is that of the removal of 
cases from State courts to the courts of the United States and to 



THE AMERICAN GOVERNMENT. 93 

the Supreme Court. The following described prerogative of the 
Supreme Court is in addition to the right of removal from a State 
court to an inferior court of the Federal judiciary before the 
proceedings have been completed in the courts of a State. When 
a case has been prosecuted to a decree in the highest court of 
an)'^ State, and it appears that the decision is against the validity 
of a treaty, statute or other evidence of the authority of the United 
States, or where it appears that complaint is made that a law 
of the State is repugnant to the Constitution and statutes of the 
United States, and the validity of the law has been sustained, or 
where it appears that there has been a decision against any 
right or title set up by any person under the laws and authority 
of the United States, that is to say, when any question has been 
raised and decided adversely to the Federal authorities, power is 
given to the Supreme Court to examine the case upon a writ of 
error, the writ having the same effect as if it had been sued out 
in a court of the United States. The Supreme Court is given 
authority to reverse, modify or affirm the judgment or decree of 
the State courts, and may award execution, or remand the case 
to the court in which it had its former decision, for execution of 
the decree as determined upon by the Supreme Court. 

Similar provisions to those in effect with regard to the Federal 
courts in the United States are made applicable as to appeals 
from the supreme courts of the various territories and with Porto 
Rico, and the Supreme Court of the United States has jurisdic- 
tion to review and take appropriate action on the final decrees of 
the supreme court of the Philippine Islands involving constitu- 
tional questions, or in which real estate is involved exceeding in 
value the sum of $25,000. Certain provisions which are common 
to the Supreme Court, as well as to the other Federal courts, will 
be summarized under the heading of "The Judiciary," the aim of 
the present chapter being to outline the particulars in which the 
Supreme Court differs from the inferior courts of the Federal 
system. 



■94 THE AMERICAN GOVERNMENT. 

SUBORDINATE OFFICERS OF THE SUPREME COURT. 

Subordinate officers of the Supreme Court who are appointed 
'by the court but whose compensation is fixed by law, are the 
clerk, the marshal and the reporter of the decisions of the Su- 
preme Court. The clerk, who must give a bond which may be 
from $5,000 to $20,000, is compensated by fees in accordance 
with a fee table which is fixed by the court, his compensation, 
however, not to exceed $6,000 per year. He is allowed deputies 
according to the pleasure of the court, and provision is made by 
which he may recover for the malfeasance in office of any deputy 
for whose conduct he is responsible. The marshal, who attends 
upon the court and serves all processes, who takes charge of the 
property of the United States and used by the court and its mem- 
bers, and who disburses the official expense money of the court, 
receives $3,500 per year. He is required to attend all the sessions 
of the court, and is provided with such assistance and messengers 
as the Chief Justice may approve, including a bailifif or crier for 
the court, their compensation to be fixed by the court. The re- 
porter of the Supreme Court of the United States occupies an im- 
portant and, it is believed, a lucrative office. He is allowed by 
law a salary of $4,500 a year, for the publication of one volume 
of the reports of the decisions of the Supreme Court annually, and 
$1,200 more if he publishes a second volume annually by direc- 
tion of the court. He is also allowed $1,200 per annum for clerk 
Tiire, and $600 for office rent and stationery. For these appropri- 
ations he is required to furnish the Government with three hun- 
dred copies of each volume of the decisions published by him, 
and he is allowed to sell other volumes to the public at a fixed 
price of $2 per volume. The decisions of the court are furnished 
to the reporter in manuscript by the justices making the decis- 
ions, and his work consists of making the syllabus or synopsis of 
the case which heads the text of the decision, and of arranging 
for the printing of the volumes, and performing the editorial 
w^ork thereon. 

Upon the assembling of the Supreme Court on the second 



THE AMERICAN GOVERNMENT. 95 

Monday in October, it is the practice for the court to adjourn 
after the opening ceremonies, for the purpose of calling upon the 
President in a body, accompanied by the Attorney General and 
the officers of the court, in order to pay the court's respects to 
the Executive. On the following day the business of the session 
begins with the hearing of motions, admission of new members 
to the bar, and the calling of the docket. The court exercises 
considerable discretion in the matter of forwarding cases upon 
the list, as without such discretion cases of importance might be 
required to remain without decision for a long period, while 
comparatively unimportant cases were being argued. It is pro- 
vided by law that criminal cases on writs of error from State 
courts shall be given precedence over other cases, except 
such as the Supreme Court may deem to be of public im- 
portance. The latter class of cases, including those in which the 
government of the United States is especially anxious for a 
speedv determination, and cases on which depend the adjudica- 
tion of a considerable number of controversies in the lower 
courts, may be advanced, at the discretion of the court, for hear- 
ing before other cases which have been entered on the list at an 
earlier date. Monday is generally utilized as motion day and 
for rendering decisions in the Supreme Court, and arguments 
are heard on the following days of the week except on Saturday, 
when no arguments are heard except in unusual cases. While 
the arguments in cases are generally heard by the whole bench, 
the work of preparing decisions is assigned in each case to one 
member, who submits his conclusion to the full bench in their 
consultation room for assent or dissent In the majority of cases, 
perhaps, the opinion read by the individual justice is that of the 
entire court. It is by no means uncommon, however, for notice 
to be given that one or more of the judges dissent, either express- 
ing their unwillingness to agree to the view of the majority, or 
reading a dissenting opinion, giving their views of the case 
at length. The decisions are read in full in court from care- 
fully prepared manuscripts, but generally in so low a tone that 
iew outside the first circle of the attorneys within the bar profit 



96 THE AMERICAN GOVERNMENT. 

materially from the decision as it is read, a fact which is of little 
consequence, as the decisions are available in printed form very 
shortly after they have been delivered. 

TABLE OF FEES TO BE CHARGED BY THE CLERK OF THE SUPREME 
COURT OF THE UNITED STATES. 

For docketing a case and filing and indorsing the transcript of 
the record, five dollars. 

For entering an appearance, twenty-five cents. 

For entering a continuance, twenty-five cents. 

For filing a motion, order, or other paper, twenty-five cents. 

For entering any rule, or for making or copying any record or 
other paper, twenty cents per folio of each one hundred words. 

For transferring each case to a subsequent docket and index- 
ing the same, one dollar. 

For entering a judgment or decree, one dollar. 

For every search of the records of the court, one dollar. 

For a certificate and seal, two dollars. 

For receiving, keeping, and paying money in pursuance of any 
statute or order of court, two per cent, on the amount so received, 
kept, and paid. 

For an admission to the bar and certificate under seal, ten dol- 
lars. 

For preparing the record or a transcript thereof for the printer, 
indexing the same, supervising the printing and distributing the 
printed copies to the justices, the reporter, the law library, and 
the parties or their counsel, fifteen cents per folio. 

For making a manuscript copy of the record, when required 
under Rule lo, twenty cents per folio, but nothing in addition for 
supervising the printing. 

For issuing a writ of error and accompanying papers, five dol- 
lars. 

For a mandate or other process, five dollars. 

For filing briefs, five dollars for each party appearing. 

For every copy of any opinion of the court or any justice there- 
of, certified under seal, one dollar for every printed page, but 
not to exceed five dollars in the whole for any copy. 



THE AMERICAN GOVERNMENT. 97 



CHAPTER V. 

THE OFFICERS OF THE CONGRESS — THE VICE PRESIDENT OF THE UNITED 
STATES — SPEAKER OF THE HOUSE OF REPRESENTA- 
TIVES SUBORDINATE OFFICIALS. 

The Vice-President of the United States is elected at the 
same time and in the same manner as the President of the United 
States and must have similar qualifications. He would not be a 
resident of the same State as the person elected President for 
the reason explained in the chapter on the President. He re- 
ceives a salary of 5;i2,ooo a year and cannot resign or refuse to 
serve except in writing over his own name, the paper to be filed 
with the Secretary of State. 

Upon the death or inability to perfoim his official duties of the 
President, the Vice-President becomes President upon taking the 
oath of office. While Vice-President, the person holding that 
office is also President of the Senate. He is sworn in by a mem- 
ber of the Senate, the function being assigned as a matter of 
courtesy to the oldest member of the Senate or to the retiring 
President pro tempore. The Vice-President as President of the 
Senate may administer oaths of office to Senators and to wit- 
nesses in Senate proceedings of inquiry. He presides over the 
sessions of the Senate, but has no vote unless in case of a tie 
vote of the Senate, when he casts the deciding vote. He presides 
over impeachment proceedings except in the event of the im- 
peachment of a President, when, as a party interested in the re- 
sult, the Vice-President is replaced by the Chief Justice of the 
United States. 

The Vice-President heads the list of those officials, including 
members of Congress and United States officials generally, who 
are exempt from militia duty and is specifically named as being 
entitled to the privileges of the Congressional library. He is by 



98 THE AMERICAN GOVERNMENT. 

virtue of his office a member of the Board of Regents of the 
Smithsonian Institution, appoints three members on behalf of 
the Senate on the Board of Regents and presides at the meetings 
of the Board when the President of the United States is absent 
The Vice-President also appoints two members of the Senate as 
members of the Board of Visitors of the Military Academy, two 
as members of the similar board at the Naval Academy and such 
other representation of the Senate as may be directed by the 
Senate or by law. He does not, however, exercise any power in 
the organization and direction of the Senate, being in the position 
simply of an impartial functionary carrying out rules which have 
been determined by the membership of the Senate of which he is 
not a part. The Vice-President signs all bills which have passed 
both houses and in the final form as engrossed on parchment, his 
signature appearing before that of the Speaker of the House on 
Senate bills and vice versa in the case of bills originating in the 
House, the signatures of the two presiding officers being war- 
rant to the President that the bill as engrossed has actually 
passed both houses of the Congress. 

THE PRESIDENT PRO TEMPORE OF THE SENATE. 

In case of the absence or death of the Vice-President acting as 
President of the Senate, or in case of his assumption of the office 
of President, the Senate elects from its membership a President 
pro tempore who presides over the sessions of the Senate and 
who then has the emoluments of the Vice-President, but no other 
functions than those of the President of the Senate, except that 
he retains his powers as a member of the Senate and may speak 
from the floor, having temporarily relinquished the chair. 

THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. 

One of the most interesting studies in the government of the 
United States is that contained in the contemplation of the in- 
crease of the power of the Speaker of the House of Representa- 
tives through its delegation by the majority of the members of 



THE AMERICAN GOVERNMENT. 9Q 

the House, representing the dominating political mode of 
thought. Provision is made in the Constitution that the House 
of Representatives shall choose its Speaker. The official in mind 
was, undoubtedly, a presiding officer, simply, charged with the 
impartial administration of the rules which should be adopted by 
the House to direct its course of procedure. 

The statutory provisions relating to the Speaker are meagre 
and are those stated in the sentences of the following para- 
graph. He may administer oaths of office to members and 
officers after having himself been sworn in by any member 
of the House. He is to receive a salary of $12,000 a year and 
in addition to a clerk at his desk on the floor of the House, he is 
allowed a private secretary besides the usual emoluments of a 
member of mileage and stationery. The reporters of the de- 
bates in the House are appointed on his approval and he may 
administer oaths to witnesses before the House. He makes up 
the Committees of the House, certifies to the salary and mileage 
accounts of members and appoints three members of the House 
each to the Boards of Visitors of the military and naval acade- 
mies, respectively, three members of the Board of Regents of the 
Smithsonian Institution and such members of the House as may 
be provided by law in making up the membership of supervising 
bodies over institutions in whole or in part supported by govern- 
mental appropriations. In addition to the foregoing, the Speaker 
of the House appoints a committee on accounts, consisting of 
three members who have the direction of the expenditures on the 
part of the House during the months between the close of one 
Congress and the assembling of the next. 

The chief of the powers and prerogatives of the Speaker of 
the House are those conferred upon him by the rules of that 
body. He has control of the hall and corridors of tTie House 
wing of the Capitol and of such rooms in that wing as may not be 
assigned. He is charged with maintaining order in the galleries 
and may order them cleared when disorder occurs. Originally 
regarded only as the impartial presiding officer of the body and 
with a function similar to that of the President of the Senate, he 

L OF C. 



loo THE AMERICAN GOVERNMENT. . 

has become in later years one of the strongest factors in deter- 
mining the character of legislation effected. He secures this 
strength through the operation of two prerogatives which have 
been delegated to him by the House under the Constitutional 
provision that each House may adopt rules to govern its pro- 
cedure. The first is that covering recognition of members on the 
floor of the House. It is apparent that no measure can secure a 
hearing before the House unless its mover is able to attract the 
attention and secure the recognition of the Speaker. There is 
a well-established code by which the order of the recognition 
of the majority and minority members of a committee is 
established with respect to bills that have been reported, and 
the Speaker, after having arranged for the consideration of any 
measure is bound by precedent and rule to first recognize the 
reporting member of a committee in favor of a bill and to grant 
certain rights to the dissenting member or members. But it is 
within the discretion of the Speaker to say with a considerable 
degree of finality whether a measure shall come before the House 
at all. The number of legislative propositions before each ses- 
sion of Congress is so great that it is impossible that every one 
of them should be fully heard and considered during the session. 
Some one must weed out from the mass and reject those whose 
importance is not sufficient to warrant especial consideration and 
the Speaker having the responsibility of securing the termination 
of the important business of a session within the limits of time 
•set for it, has assumed the power and control over matters to be 
debated and acted, upon, subject to the restriction only that his 
■discrimination must not be so oppressive that a majority of the 
members of the House can be allied against him in an appeal 
from a decision of the chair. 

Growing out of this power of recognition on the floor by the 
Speaker there has developed a morning levee in the Speaker's 
room, where members attend for the purpose of securing the 
promise of the presiding officer that they will be recognized at a 
given moment to make a motion in regard to a particular bill in 
which they may be interested. The important measures to be 



THE AMERICAN GOVERNMENT. loi 

acted upon during the week have already been arranged for by 
conference between the Speaker and the heads of committees, 
and other time available during the week is then apportioned out 
by the Speaker to individuals according to the importance of the 
measure or the importunity of the member. Lists are made of 
the moments at which members are to be recognized for particu- 
lar purposes and it has sometimes happened that a member him- 
self has forgotten that he was to be recognized and when called 
upon by the presiding officer has been at loss, for the moment, to 
state the motion for which he had been recognized. 

This condition, of course, renders the course of business of a 
day in the House of Representatives practically a prearranged 
ceremony and offers but little opportunity for individual initia- 
tive and digression. So much is this the fact that although the 
rules of the House require that a member shall restrict himself in 
debate to the subject under discussion, an ingenious subterfuge is 
in effect to enable members to state their views on remote sub- 
jects. In the preliminary discussion of important measures, the 
House goes into Committee of the Whole and arrangement is 
then made for a general debate in which the utmost latitude as 
to subjects of discussion is allowed and members are able to 
state the arguments for measures which are not likely to find 
time for consideration during the session. Intervals are also ac- 
corded in the sessions of the House itself when by unanimous consent 
a few moments of speaking time are accorded to a member, and, 
with such devices as these, the theory of free debate is made 
compatible with the necessity of a strict limitation of time for 
the actually important matters of a session. 

Besides determining the nature of the business presented to 
the House of Representatives, the Speaker wields the weapon of 
the majority in enforcing affirmative action. This weapon is 
forged from the Constitutional provision that a smaller number 
than a quorum of the House may compel the attendance of ab- 
sent members. Under the rules of the House fifteen members 
may exercise this power, and the Speaker is vested with the au- 
thority of the fundamental law of the land to enable him, on 



102 THE AMERICAN GOVERNMENT. 

vote of such number of members, to bring the absent members to 
the bar of the House and to compel their attendance under pen- 
alty of such punishment as the sitting members may prescribe. 
Under such conditions, when the actual attendance of the mem- 
bers in the hall of assembly can be enforced, there are only two 
means by which a minority can defeat legislation. One is that of 
unlimited debate, such as obtains in the Senate of the United 
States. This means is rendered impossible in the House by rea- 
son of the provision for moving the previous question, the "clo- 
ture," so-called, which when approved by a majority of a quo- 
rum of the House, terminates debate and enforces a vote upon 
the main question under discussion. The cloture has existed in 
some form for a century in the history of the House of Repre- 
sentatives, but up to 1890, the second device at the command of 
a minority was possible. The Constitution provides that a quo- 
rum of the House of Representatives must be present in order 
that business may be transacted. A quorum consists, according 
to recent ruling of the Speaker of a majority of the persons 
elected and living who have actually taken the oath of office. 
Prior to 1890, it was held that the presence of a quorum in the 
House of Representatives could only be determined by the enum- 
eration of a vote ; that if the members who had been actually 
brought into presence of the House refused to vote^and the pres- 
ence of a quorum could not be shown by the number of members 
voting, there was no way in which the House could transact 
business. 

The holding was overset by Speaker Reed in his famous ruling 
of January, 1890, in w^hich he held that any member who could 
be seen and counted by the chair or by an employe of the House 
under his direction within the meeting place of the House, could 
be counted in the enumeration of a quorum and thus make it 
possible for the business of the House to continue. The Reed 
ruling has been fortified by the course of the House since 1890, 
including a period of Democratic practice in which the difiference 
was made of having two members of the House count the mem- 
bers present instead of the Speaker. 



THE AMERICAN GOVERNMENT. 103 

Under this practice, the majority is able, with only slight de- 
lays due to the length of time required for roll calls, to force the 
transaction of business according to the will of the majority of 
the House. The limitation of free debate and parliamentary 
tactics has been drawn still closer by the operation of a system 
of special rules which may be presented to the House by the 
Committee on Rules and carried by the majority vote and which 
are given the effect of stopping or preventing debate by moving 
the previous question thus requiring an immediate vote on the 
proposition involved. These are colloquially known as "gag" 
rules and the power of the Speaker and of the managing majority 
of the majority party is only limited by the possibility of serious 
revolt against any portion of the procedure. 

When the Speaker of the House is a strong man, well versed 
in the procedure of the House and fortified by its confidence, the 
measures before described operate to give him almost autocratic 
control of the details of legislation. If, however, he is dominated 
by any men or set of men on the floor of the House, such a co- 
terie would be able to exercise the power over the acts of the 
lower branch of the national legislature which is somewhat 
loosely flying about, subject to seizure by the strongest force 
in its membership. The conditions which have been described, 
not being based on statute law, and, indeed, being practically 
based on sufferance and the supposed party necessities of the present 
mxajority party in the House, are subject to change, although it 
is doubtful if business could now be transacted in the volume re- 
quired without a similar system. 

The Speaker of the House signs all acts, resolutions and other 
evidences of the action of the House as well as all subpoenas 
issued by order of the House. As presiding officer, he, of course, 
decides all points of order arising in the sessions of the House 
and is required to rise when putting a question. It is regarded 
as a breach of order if he refuses to put a question when it is in 
order. The Speaker cannot be deprived of his Constitutional 
right to vote in the proceedings of the House as the representa- 
tive of a district, but he is not required to vote in the ordinary 



104 THE AMERICAN GOVERNMENT. 

legislative proceedings except when his vote would be a decisive 
one when the House is voting by ballot. The decisive effects of 
a vote by the Speaker would be, in an ordinary vote, to break a 
tie, or to make a tie should the majority be a single vote. In the 
latter case the effect of the Speaker's vote would be to decide the 
question in the negative as in case of a tie vote it is provided 
that the question shall be lost. In such extraordinary votes as 
those which require a two-thirds vote, the Speaker's vote might 
complete the two-thirds required. When, formerly, the determin- 
ation of a quorum, depended on the enumeration of a vote, the 
Speaker's vote was sometimes required to complete the quorum, 
but this is no longer the case. 

The Speaker of the House is elected by the spoken vote of the 
members of the House immediately after it has been called to 
order by the clerk. He may appoint a member to perform the 
duties of Speaker temporarily, but the appointment cannot extend 
beyond the adjournment for the day, except it is made in writing 
with the approval of the House. In such case an appointment 
may be made by the Speaker for not exceeding ten days. When 
the House goes into Committee of the Whole the Speaker names 
the m.ember who shall take the chair, and if the Speaker desires 
to speak from the floor during sessions of the House he names a 
member to take his place. The prerogative of the Speaker of 
speaking from the floor is, however, seldom exercised. In case 
no speaker pro tempore is named by the Speaker, one is elected 
by the House, generally by affirmative vote on a resolution, to 
serve until the Speaker is able to resume his duties. 

The disciplinary power of the Speaker over the members of the 
House refers to any proceeding that may be necessary to obtain 
order. If a member persist in disorderly conduct, the Speaker is 
empowered to 'call the member by his name, force being given to 
the unusual proceeding by the fact that the Speaker generally 
calls on members en masse for order or distinguishes a member 
by the name of his State. If the member is named in full by the 
Speaker, he may be required by the House to withdraw and the 
Speaker then stating the nature of the member's offense, the 



THE AMERICAN GOVERNMENT. 105 

House prescribes his punishment. In case of confusion and per- 
sistent disorder among a group of members or in case it becomes 
necessary for the House to enforce the withdrawal of a member, 
the sergeant-at-arms takes the mace and proceeds to the scene of 
confusion. The Speaker must call a member using unparliamen- 
tary language to order in connection with his general duty of 
preserving order and decorum of debate, but the matter of calling 
offensive language to the attention of the House is not exclusive- 
ly that of the Speaker, but any member may take the initiative in 
proceedings of this sort. 

The Speaker of the House of Representatives, as is the case 
with the presiding officers of similar legislative bodies in the 
States, has exclusive powers in connection with the composition 
of the various committees of the House. It is the practice at 
the opening of a Congress for the Speaker to receive applications 
from the less important members and intimations from the more 
prominent ones as to congenial committee assignments. Begin- 
ning with the Committee on Ways and Means and the Committee 
on Appropriations, the importance of the committees dwindles 
with considerable rapidity after those committees are passed 
which have to do with making up appropriation bills and at the 
tail end are a considerable number of committees which are de- 
sirable only as affording chairmanships and committee rooms. 
To assign not only the chairmen, but the members of the com- 
mittees in their appropriate ranks is a difficult and delicate mat- 
ter. Although each Congress is a new proposition, as to com- 
mittee memberships, members who are re-elected expect to hold 
their places on committees and to be advanced when ranking 
members retire from Congress. The task of the Speaker is to 
select men who can carry on the work of the important commit- 
tees successfully and at the same time satisfy the political condi- 
tions and the demands of members based on their political im- 
portance and their service in previous Congresses. The repre- 
sentation of the minority on the different committees, being the 
minority of each committee, is generally suggested by the minori- 
ty leader in the House, but in case of a disagreement between the 



io6 THE AMERICAN GOVERNMENT. 

minority leader and his supporters, it is the task of the Speaker 
to decide the difference. The coveted positions are either chair- 
manships or membership on the Committee on Ways and Means 
or Appropriations, and members having one are not generally as- 
signed to the other. The work of making up the committees, al- 
though started by the Speaker at the opening of a new Congress^ 
is generally not completed until after the holiday recess and the 
first days of the session are extremely busy ones for the presiding 
officer of the House and frequently constitute a time of extreme 
perplexity. When vacancies occur in committee assignments 
during a Congress the Speaker generally makes a series of pro- 
motions, moving up the ranking member in each case, but it 
sometimes occurs that selections are made outside of the com- 
mittee in which the vacancy occurs, in which case, also, the 
Speaker has his troubles. 

SUBORDINATE OFFICIALS OF THE CONGRESS. 

The Capitol of the United States is like a self-contained and self- 
supporting little village. Within its walls a small army of employees 
conduct operations necessary for the conduct of legislative business 
and for the comfort of the members of the two Houses. There is, 
also, nothing within the walls of the Capitol which answers 
to the restrictive system under which other employees of the United 
States are selected and retained in office. That is to say, there 
is no civil service reform legislation affecting the employees of the 
Senate and House of Representatives. The principal officers are 
elected by the vote of the respective Houses, and the subordinates 
are selected in accordance with the legislative importance of the 
various members. It is the theory that the appointments are dis- 
tributed as equally as may be among the members of the Congress, 
but in practice the more assiduous of the place-hunters, especially 
if they have secured a chairmanship or a membership on an important 
committee, are the recipients of the largest share of the patronage 
favors which are dispensed by the elective officers of the two houses. 
This is more especially true of the House of Representatives for 



THE AMERICAN GOVERNMENT. 107 

the reason that arrangements are made so that Senators within 
their rank and with due . regard to whether they belong to the 
majority or to the minority party are given about equally proportion- 
ate consideration in the appointments. On the House side, how- 
ever, the legislative and political importance of a member has much 
to do with the number of persons he has secured to be placed on 
the various rolls. 

The chief subordinate official of the Senate is the Secretary, 
elected by the members of that body, but holding his position in 
practical permanence since it is the tradition of the Senate to retain 
employees practically during good behavior and satisfactory perform- 
ance of their duties, although a change in the majority party might 
break some from their anchorages. The contrary is true in the House, 
where the tenure of office depends strictly upon the continuance of 
the membership of the Representative at whose request the ap- 
pointment was made. No formalities are used in connection with 
the separation from the service of the House of Representatives of 
an official whose member has retired from Congress. He is expected 
to consider himself by reason of the non-existence of his "influence" 
as officially dead and to retire from his position and the pay-roll as 
promptly as may be practicable. The fact that he may have been an 
efficient public servant is of no moment, and unless he can secure 
the backing of equally influential membership, he has no alternative 
but to retire to the joys and privileges of private life. 

The Secretary of the Senate, who is also the disbursing officer 
of the Senate and of the salaries of Senators, receives $5,000.00 per 
year, with $396.00 additional in the last named capacity. He 
supervises all matters relative to the conduct of the legislative opera- 
tions of the Senate and also pays all bills and disburses all salaries. 
As the Senate is a continuing body, the Secretary has no function 
similar to that of the Clerk of the House, who calls the House of 
Representatives to order at the beginning of each Congress. The 
corresponding officer to the Secretary of the Senate, who performs 
similar functions for the House is the Clerk of the House of 
Representatives. This official is elected by the viva voce vote of 
the House and receives a salary of $5,000.00 per year. As he has the 



ic8 THE AMERICAN GOVERNMENT. 

most important office in the election of the House, controlHng a 
large proportion of the patronage, the election of a new Clerk is 
accompanied by a considerable amount of electioneering, and is 
usually accomplished by a combination of certain members of the 
majority having for its purpose to partition out the subordinate 
places in the service of the House of Representatives. Upon the 
convening of a new Congress the Clerk calls the members to order 
and serves as a temporary presiding officer until the election of the 
Speaker pro tempore who presides until and at the election of 
the Speaker of the House. He calls the roll of the States in alpha- 
betical order, for the election of the latter official, who is usually 
the oldest member of the House in point of service. The Clerk 
performs this office, of course, as a holdover from the previous 
Congress, serving until his successor shall be elected. The Clerk 
is also required at the opening of the sessions of Congress to send 
to each member a list of the reports required by law from heads 
of departments, and in case of a contest for a seat in the House 
makes up the record containing the respective claims of the con- 
tending parties to be seated. 

When the house has been organized, it is the duty of the Clerk 
through his subordinates, when directed by the Speaker, to read all 
motions that may be put before the House, including the bills in 
the course of passage, and to note in the journal all the steps of par- 
liamentary procedure. He is required also to note all points of 
order, and to have these, together with the journal, printed and in- 
dexed and sent to the members of the House as soon as possible 
after the close of the session. Two copies of each of the documents 
and books printed for Congress are retained in the library formerly 
under the care of the Clerk, but now directed from the Library of 
Congress. The Clerk also is -required to see that one copy of the re- 
ports and documents printed during the session of Congress are 
properly bound and sent to the members of the House at the close 
of the session. The Clerk attests all actions of the House on bills 
and resolutions, and his certification is necessary to their validity. 
His signature is affixed to all bills which have passed the House 
certifying that they have passed in due form. The contingent 



THE AMERICAN GOVERNMENT. log 

funds of the House are under his charge, as well as the stationery 
room, and the fund from which the members of the House receive 
their annual allowance of stationery amounting to approximately 
$150 in value. The Clerk is also required to furnish all ma- 
terials and supplies for the furnishing of the House of Representa- 
tives and its Committee Rooms, and also has charge of the labor 
performed for the comfort of members aside of the care of the 
capitol building itself, which is under the charge of the Superin- 
tendent of the Capitol. 

The matters which are herein detailed with regard to the Speaker 
are similarly performed for the Senate by the Secretary of that body, 
and the subordinates of both officers have similar duties in each 
house respectively. Among the subordinates are the Journal 
Clerks and their assistants, who attend at the desk of the presiding 
officers and keep a record of the legislative transactions. The Read- 
ing Clerks take turns in reading the bills and resolutions under 
consideration. The Enrolling Clerks receive bills as they come from 
the respective houses to prepare them for printing, read the proofs 
and see that all amendments are made in accordance with the vote 
of the House as indicated by the entries in the Journal. The File 
Clerks have the custody of all papers relating to legislative matters 
pending before the House and the appropriate documents relating 
thereto. 

In addition to the duties previously named, the Clerk of the House 
is paymaster for the House employees of all classes, but does not 
pay the members, that duty being performed by the Sergeant at 
Arms. 

The Sergeant at Arms of the Senate performs the duties of the 
Doorkeeper as well, and is also charged with disbursements and 
provision for the comfort of the Senators, similar to the functions 
discharged under the direction of the Clerk of the House of Repre- 
sentatives. The Sergeant at Arms of the House of Representatives 
is required to maintain order in the House under the direction of the 
Speaker, and is the custodian, as the badge of his office, of the mace 
of the House, the symbol of the Speaker's authority. He is charged 
with removing all persons who may create disturbances and if the 



no THE AMERICAN GOVERNMENT. 

members of the House refuse to come to order at the call of the 
Speaker, the latter may call upon the Sergeant at Arms, who there- 
upon takes the mace from its position at the Speaker's desk and 
proceeds to the scene of the disturbance upon the door of the House. 
Should the presence of the symbol of authority fail to restore order, 
he has power, under the direction of the Speaker, to exercise such 
force by himself and his assistants as may be necessary to restore 
such order, even to the point of ejecting a member from the floor. 
Such a contingency, however, is not expected to arise as the members, 
or a sufficient number of them, would recognize the authority of 
the officer with his official symbol and terminate any disturbance 
which might arise. The Sergeant at Arms is the marshal or 
sheriff of the House and serves all process ordered by it. On the 
call of the House it is his duty to visit such places as he may on 
information ascertain to be those at which members absent them- 
selves from the House, and require such absent members to ac- 
company him before the Speaker. When it appears that a quorum 
is not present in the House of Representatives and the Speaker directs 
a call of the House and that the Sergeant at Arms shall summon 
absent members, it is his duty and that of his assistants to proceed 
at once to secure the presence of as many members as possible in 
order that a quorum may be filled as soon as practicable. In addi- 
tion to his other duties he is the paymaster of the members of the 
House of Representatives and keeps their pay and mileage accounts, 
making disbursements to them as required by law. In the case of a 
funeral of a deceased member, the arrangements for the attendance 
by a committee of the House are made by the Sergeant at Arms, 
and upon occasion of state funerals he is the master of ceremonies. 

The Doorkeeper of the House has charge of the messengers at 
the doors and entrance-ways to the halls of the House of Represen- 
tatives and is required to clear the House and its lobbies 15 minutes 
before the beginning of a session, and to allow no persons to enter 
upon the floor of the House except those who are members or who 
are entitled to the privilege of the floor by reason of previous 
membership, or because they have received the thanks of Congress. 
This restriction from the floor of the House of Representatives 



THE AMERICAN GOVERNMENT. in 

is strictly carried out, and to a degree not the fact in the various 
State legislative bodies. It is, however, a necessary provision for the 
reason that the public lobbies and halls of the Capitol in the House 
of Representatives wing are crowded with people during the session 
who desire to see members of Congress. If any system of special 
privileged entry should be in effect the demands which could not be 
ignored for the exercise of such privileges would be so great that 
the halls of the House would be over crowded at all times. 

Included among the employes of the Doorkeeper's department 
are a number of veterans of the wars of the United States who had 
specially meritorious services and whose names have been placed on 
what is known as the soldiers' roll, and who are regarded as per- 
manent employes. Most of these are placed at the doors of the 
galleries of the House, and where their duties are not inconsistent 
with their crippled condition. 

Employes of the Doorkeeper at the main doors in the lobbies of 
the House of Representatives not only serve to keep unauthorized 
persons from the floor of the House, but also act as messengers be- 
tween visitors and the representatives. If it is desired to see a 
member of Congress, the visitor must end in his name on a card, 
and the celerity with which the member answers the call gives the 
visitor an opportunity to gauge his own political importance. When 
the messenger returns with the information that the member is not 
on the floor, the visitor has also the pleasing ofifice of determining 
whether the information is based on the truth or whether his own 
political importance is nil. 

In addition to the Doorkeeper's messengers, the Doorkeeper is 
in charge of the staff of pages, boys of from 12 to 16, employed 
during the session at $75 a month to run errands for the mem- 
bers, bring them documents, and perform other services. The 
positions as pages are eagerly sought by the knowing youths of 
Washington, although it may be said that the position of page 
in either the House or Senate is not without its drawbacks and 
dangers to a boy of the age named. 

The Doorkeeper of the House controls one of the large sources 
of House patronage, namely, the folding room, where all the doc- 



112 THE AMERICAN GOVERNMENT. 

uments printed for the House are sent to be retained until sent 
out by orders of members. The business of the folding room oc- 
cupies a large portion of the basement rooms and cellars of the 
House of Representatives, and tons of printed matter are added 
yearly to the stock kept therein, while tons are sent out yearly to 
be disposed of as waste paper, without having been of use to any 
person. Editions prescribed by law or by . the resolution calling 
for the printing of particular books and documents are sent in 
bulk to the care of the Doorkeeper of the House, and by him al- 
lotted proportionately to the m.embers. On the order of the 
members they are sent free of postage to such persons as may 
care to have them, or as may be designated by the members, and 
a large force of employes is kept busy during the session of the 
House in enclosing these documents in wrappers for mailing. In 
addition to the organization for mailing these documents, the 
Doorkeeper has a document room on the House floor of the Cap- 
itol to which copies of each document are sent, to supply the cur- 
rent needs and demands of the members and of officials of the 
Government. The number of employes engaged in work on 
printed documents under the direction of the Doorkeeper is a 
considerable and an elastic one and it is comparatively easy for 
a representative to place a specially favored constituent in at 
least a temporary place on this roll. 

Chaplains of the House and Senate are elected respectively by 
each body and receive a salary of $i,ooo a year. They are ex- 
pected to attend upon the opening of each session of the House 
and to offer prayer. They are also the official pastors of the 
members of the two Houses and conduct the funeral services 
which may take place in Washington of deceased members, but 
it may be assumed are not held to strict accountability for the 
morals of the legislators under their respective charges. 

The duties of the subordinates of the Congress may best be 
explained by detailing the course of procedure of a legislative 
day. The employes whose duties are not regulated by the ses- 
sions of the House and Senate include the Chief Clerk and his 
staff, the Disbursing Clerk and his subordinates, the Superin- 



THE AMERICAN GOVERNMENT. 113, 

tendent of the Folding and Document rooms and those under 
him, together with those who have charge of the committee 
rooms or employed in work therein. 

Fifteen minutes before the beginning of the legislative day, 
which is at twelve o'clock, the messengers under the charge of 
the Doorkeeper, clear the lobbies of the House and Senate of the 
sightseers and visitors who have been passing through them. 
The description which follows applies to the House of Repre- 
sentatives, but is substantially the same for the Senate, similar 
officers in most of the cases performing similar duties. 

Promptly on the stroke of twelve the Speaker of the House 
strikes with his gavel upon the marble block in front of him and 
calls the House to order. The chaplain ofifers prayer, after which 
the Speaker announces the business of the day. The Journal 
Clerk or his assistant on duty at the desk in front of the Speaker 
makes a minute of the various steps of parliamentary procedure, 
but not of the terms of the debate. The service of verbatim re- 
porting of the proceedings of the House is performed by a corps 
of official reporters, six in number, who receive $5,000 each, with 
an assistant reporter at $1,500. These reporters take their posi- 
tions as near as possible to the member who is speaking, and 
work in relays of fifteen minutes, the reporter who has been tak- 
ing the debate in shorthand for the preceding fifteen minutes, 
giving way to another of the members of the corps, and retiring 
to the reporters' rooms where he dictates from his notes into a 
phonograph, the matter being transcribed by typewriter opera- 
tors and sent at once to the Government printing office, where it 
is put into type so that a proof of what is said during the day is 
furnished to each member participating in the debate during the 
evening for his correction, the corrected matter being printed in 
the Congressional Record of the following morning. 

The reporting of the Senate is carried on in a similar manner 
except that the compensation of the reporters is not the subject 
of annual appropriation in salary. A lump sum of $30,000 is 
provided in the annual appropriation bill payable in equal month- 
ly installments, ancl the reporting is undertaken by one person 



114 THE AMERICAN GOVERNMENT. 

who provides and pays his assistants. In addition to the fore- 
going, stenographers are provided to take the reports of proceed- 
ings in committee when hearings are held on any subject. Four 
stenographers to committees are provided in the House at an an- 
nual salary of $5,000 each. In addition to this service it is also 
necessary during the session of Congress to employ outside sten- 
ographic services to a considerable degree. 

The Clerk of the House of Representatives is himself very sel- 
dom upon the floor of the House, and that only upon special oc- 
casions. His duties are performed by the several ofificers herein 
described, and the duty of the Clerk to state all propositions 
which may be before the House is performed by two reading 
clerks who receive a compensation of $3,600 each, and who are 
necessarily employed only while the House is in session. Their 
duties are, however, of a most exacting character, as they are 
compelled during the passage of long bills to read continuously 
in half-hour periods sometimes for nearly the entire legislative 
day. 

In the Senate in addition to the regular reading of the bills it 
is customary to have other matters read from the Clerk's desk, 
and during the course of a speech, a Senator will have considera- 
ble extracts from publications read, especially when the speech is 
being made for the purpose of delaying a vote on a particular 
measure. 

The rules of the House of Representatives and the parliamen- 
tary procedure are based upon the compilation made by Thomas 
Jefiferson of the practice and procedure of the English Parlia- 
ment. This has, of course, been extended and enlarged by the 
precedents established by the action of the House on disputed 
questions, and in the course of nearly every day's legislative ses- 
sion some parliamentary matter arises which requires the decis- 
ion of the Speaker. In order that he may readily rule upon the 
questions as they arise, an official is provided who is an expert on 
the rules of the House and on the decisions made thereunder, 
and who is termed the Clerk at the Speaker's table. He receives 
$3,600 a year, with $1,000 additional for preparing the digest of 



THE AMERICAN GOVERNMENT. iiS 

the rules, a publication which contains memoranda of the decis- 
ions which have been made on various points. This official 
prompts the Speaker on parliamentary points, and when a new 
proposition arises the Speaker may reserve his decision, referring 
the matter to the Clerk for the purpose of securing information 
for the Speaker's guidance in his ultimate decision. Informal 
votes of the House are taken by yea and nay, in which case the 
Speaker decides as to the preponderance of the affirmative or the 
negative by the volume of sound. In case he is not able to de- 
termine by this means, the Speaker announces that he is unable 
to determine the vote and requests the members to rise in accord- 
ance with their vote on the matter, count being made by the sub- 
ordinates at the Clerk's desk. A vote by tellers may be de- 
manded, however, and representatives of the affirmative and of 
the negative, being members of the House, count the members as 
they pass between them and announce the vote to the Speaker. If 
a ballot is demanded and ordered by th^ House, members answer 
as their names are called in alphabetical order, the tally of the 
result being kept by the Tally Clerk, an official receiving $3,000 
a year, who in addition to recording and announcing the results 
of all formal ballots assists the Speaker in determining the results 
of other forms of votes of the House. 

In addition to the foregoing employes on the floor of the House, 
clerks are assigned to keeping the pairs of members ; that 
is to say, they record the agreements made between members of 
the minority and the majority, respectively, not to vote either on 
some particular measure, or not to vote generally on measures 
coming before the House during a specified time. It is usual for 
a member desiring to be absent to make an arrangement with a 
member of the opposite party who is also to be absent, so that the 
one vote will balance the other, and neither be recorded on any 
fomal ballot which may come up during the time of the absence. 
In order that there shall be no misunderstanding, such agree- 
ments are recorded with the Pair Clerk and all pairs of this nature 
.are announced following each ballot. 

Under a general rule all bills introduced into the House are 



ii6 THE AMERICAN GOVERNMENT. 

simply filed at the Clerk's desk, where they are recorded in the 
journal and then forwarded to the File and Printing Clerks and 
by the latter put in print, each bill being given a serial number 
in accordance with the order in which it is introduced. Accord- 
ing to the subject, reference is at once made to an appropriate 
committee of the House, all matters relating to reception, refer- 
ence and distribution of bills being the subject of general rules, 
so that bills do not actually come up in the House until they are 
called up for legislative action. It is the duty of various subordi- 
nates to see that the bills so introduced are forwarded and reach 
the proper committee, and that upon the report of the same by 
committee they are placed on the appropriate calendars of the 
House for action in their turn, although special bills may be 
advanced for consideration upon request, either by unanimous 
consent, or upon the passing of a rule from the Committee on 
Rules. Bills have ostensibly three readings, but the first is the 
entirely formal one of reference to a committee, the second is 
the stage of consideration and amendment by the House, and the 
third is the reading of the completed bill. Certain classes of bills 
are, as previously stated, considered in Committee of the Whole, 
and have their reading for purposes of amendment in that com- 
mittee. Upon the conclusion of the action of the House, the bill 
in its original printed form, together with the amendments at- 
tached thereto, is sent to the Enrolling Clerk, who inserts the 
amendments, has the bill reprinted, secures the certification of 
the Clerk of the House that it has duly passed that body, and 
forwards it to the Senate. 

Upon the completion of the Senate's action and of the con- 
current action of the House in the Senate amendments, if any, 
the bill, as a whole, is passed again to be engrossed, being the 
final stage preliminary to the approval of the act by the Presi- 
dent. The stages in a bill are, therefore, introduction, first read- 
ing and reference to committee, report by committee, placing on 
the calendar of the House, second reading, passage to be enacted, 

A very important staff of the employees of the House of 
passage to be engrossed, signature by the President. 



THE AMERICAN GOVERNMENT. 117 

Representatives is made up by the clerks of committees, such 
clerkship being either annual at $2,000 a year or for the session at 
$6.00 a day. The appointments are made exclusively by the 
Chairman of the committees, and the clerks act as secretaries to 
the Chairmen besides performing their duties in connection with 
the clerical work of the committee. In the case of a committee 
clerk of long service, very much of the actual work relating to 
the legislation under the charge of that committee is performed 
by the clerk, who has become, by virtue of his service, an expert 
in that particular line, and whose contlusions are frequently coin- 
cided with by the members of the committee, many of whom 
know less about the details of the matter involved than the clerk. 
This is especially true with regard to the clerks of the committees 
on appropriations of the two houses and is also more apt to be 
true with regard to the Senate clerks, because of their longer 
service. 

The compensation mentioned in the following list of officers, 
especially on the House side, for a considerable number of the 
officials is in consideration of work done while the Congress is 
actually in session. In addition, an extra month's pay, theoretic- 
ally in lieu of mileage is generally voted in each session, so that 
the majority of annual employes under the House actually receive 
twentv-six months' pay for about ten months' work every two years, 
the other fourteen months being devoted to their own affairs and 
those of the members of whom they owe their employment. Some of 
the House employes are required by the nature of their duties to 
be present through most of the year and the Senate employees, 
besides their own work have to take part in the general work so 
that they have to be in Washington the greater part of the year. 
Those who work only during sessions scatter very shortly after 
the gavel drops for the last time, and the Capitol knows them no 
more until late in the next Fall. Under the circumstances the 
compensation paid is a liberal one. 

The principal positions under the Congress and their salaries 
are as follows : 



ii8 THE AMERICAN GOVERNMENT. 

IN THE SENATE. 

Secretary of the Vice-President, four thousand dollars. 

Chaplain of the Senate, one thousand dollars. 

Secretary of the Senate, including- compensation as disbursing of- 
ficer of the contingent fund of the Senate, five thousand dollars, and 
for compensation as disbursing officer of salaries of Senators, three 
hundred and ninety-six dollar^ ; assistant Secretary, five thousand 
dollars ; chief clerk, three thousand two hundred and fifty dollars ; 
financial clerk, four thousand dollars; minute and journal clerk, and 
enrolling clerk, three thousand dollars each ; principal clerk, two 
thousand seven hundred and fifty dollars ; reading clerk, two thou- 
sand five hundred dollars ; assistant financial clerk, two thousand 
four hundred dollars ; librarian, two thousand two hundred and 
twenty dollars ; assistant librarian, one thousand eight hundred 
dollars ; assistant librarian, one thousand six hundred dollars ; keep- 
er of stationary, two thousand two hundred and twenty dollars; 
superintendent of the document room, three thousand dollars; clerk 
of printing records, two thousand two hundred and twenty dollars ; 
clerk to the Committee on Appropriations, four thousand dollars ; 
clerk to the Committee on Finance, two thousand five hundred 
dollars ; clerk to the Committee on Claims, two thousand two hun- 
dred and twenty dollars ; clerk to the Committee on Commerce, two 
thousand two hundred and twenty dollars ; clerk to the Committee 
on Pensions, two thousand two hundred and twenty dollars; clerk 
to the Committee on the Judiciary, two thousand two hundred and 
twenty dollars ; clerk to the Committee on Military Affairs, two 
thousand two hundred and twenty dollars; clerk to the Committee 
on Post-Office and Post-Roads, two thousand two hundred 
and twenty dollars ; clerk to the Committee on the District 
of Columbia, two thousand two hundred and twenty dollars; 
clerk to the Committee on Foreign Relations, two thousand 
two hundred and twenty dollars; clerk to the Committee on 
Engrossed Bills, two thousand two hundred and twenty dol- 
lars ; clerk to the Joint Committee on the Library, two thou- 
sand two hundred and twenty dollars ; 36 other clerks, at $2,220 



THE AMERICAN GOVERNMENT. iig 

each and two at $2,100 each. Twenty clerks to committees, at one 
thousand eight hundred dollars each. 

Sergeant-at-Arms and Doorkeeper, five thousand dollars ; clerk 
to Sergeant-at-Arms, two thousand dollars ; assistant doorkeeper, 
two thousand five hundred and ninety-two dollars ; acting assistant 
doorkeeper, two thousand five hundred and ninety-two dollars; 
three messengers, acting as assistant doorkeepers, at one thousand 
eight hundred dollars each ; forty-seven messengers, at one thou- 
sand four hundred and forty dollars each ; besides assistant messen- 
gers, artificers ansd laborers ansd sixteen pages for the Senate 
Chamber, at the rate of two dollars and fifty cents per day each 
during the session. 

Postmaster, two thousand two hundred and fifty dollars ; be- 
sides assistants and four riding pages, at nine hundred and 
twelve dollars and fifty cents each. 

For Superintendent of Folding Room, two thousand one hun- 
dred and sixty dollars ; foreman in folding room, one thousand 
four hundred dollars ; folders, at one thousand dollars each, and at 
eight hundred and forty dollars each. Thirty-two annual clerks 
to Senators who are not chairmen of committees, at one thousand 
eight hundred dollars each. 

Capitol Police. — Captain, one thousand six hundred dollars, 
and three lieutenants, at one thousand two hundred dollars each, 
two special officers, at one thousand two hundred dollars each, 
sixty-seven privates, at one thousand and fifty dollars each. 

UNDER THE HOUSE OF REPRESENTATIVES. 

Secretary to the Speaker, four thousand dollars; clerk to the 
Speaker's table, three thousand six hundred dollars, and for pre- 
paring Digest of the Rules, one thousand dollars per annum ; clerk 
to the Speaker, one thousand six hundred dollars ; messenger to 
the Speaker, one thousand two hundred dollars ; Chaplain of the 
House, one thousand two hundred dollars. Clerk of the House 
of Representatives, including compensation as disbursing officer 
of the contingent fund, five thousand dollars; Chief Clerk, four 



I20 THE AMERICAN GOVERNMENT. 

thousand dollars ; Journal Clerk, four thousand dollars ; two Read- 
ing Clerks, at three thousand six hundred dollars each ; Tally 
Clerk, three thousand dollars ; File Clerk, two thousand seven 
hundred and fifty dollars; Printing and Bill Clerk, Disbursing 
Clerk, and Enrolling Clerk, two thousand five hundred dollars 
each ; Distributing Clerk, two thousand two hundred and fifty 
dollars ; Docket Clerk, Resolution and Petition Clerk, Printing 
and Document Clerk, Index Clerk, Stationery Clerk, two thou- 
sand dollars each ; Librarian, and Superintendent Clerk's Docu- 
ment Room, one thousand eight hundred dollars each. Clerk to 
the Committee on Ways and Means, three thousand dollars; 
Clerk to the Committee on Appropriations, four thousand dol- 
lars. Other clerks to committees at salaries ranging from $1,400 
to $2,000, chiefly at the latter figure, with assistant clerks from 
$1,200 upwards. Ten clerks to committees at six dollars a day. 

Sergeant-at-Arms, five thousand dollars ; Deputy Sergeant-at- 
Arms, two thousand dollars ; Cashier, three thousand dollars ; 
Paying Teller, two thousand five hundred dollars ; Bookkeeper, two 
thousand two hundred dollars ; Deputy Sergeant-at-Arms in charge 
of pairs, one thousand six hundred dollars ; one Clerk in charge of 
pairs, one thousand six hundred dollars ; Inspector of Cabs and 
Other Vehicles, seven hundred and twenty dollars. 

Doorkeeper, four thousand five hundred dollars; Assistant 
Doorkeeper, and Department Messenger, at two thousand dol- 
lars each ; Superintendent of Reporters' Gallery, one thousand 
two hundred dollars ; tw^enty-five messengers, at one thousand 
one hundred dollars each ; Messenger to the Speaker's Table, one 
thousand dollars ; fourteen messengers on the soldiers' roll, at 
one thousand two hundred dollars each ; ten laborers, known as 
Cloakroom Men, two at seventy dollars per month each and eight 
at fifty dollars per month each; Female Attendant in Ladies' 
Retiring Room, seven hundred and twenty dollars ; Superintend- 
ent of Folding Room, two thousand dollars ; Foreman, one thou- 
sand five hundred dollars ; thirty-two Folders, at eight hundred 
dollars each ; two Chief Pages, at nine hundred dollars each ; 
forty-four Pages, during the session, including two Riding Pages, 



THE AMERICAN GOVERNMENT. 121 

two Telephone Pages, Press-Gallery Page, and ten Pages for duty 
at the entrances to the Hall of the House, at two dollars and fifty 
cents per day each ; Superintendent of Document Room, two 
thousand five hundred dollars ; Assistant Superintendent of Doc- 
ument Room, one thousand eight hundred dollars. 

Postmaster, three thousand dollars ; Assistant Postmaster, 
$2,000. 

SUPERINTENDENT OF THE CAPITOL. 

The care of the Capitol building of the United States is com- 
mitted to an official selected by joint action of the Senate and 
House with the title of Superintendent of the Capitol. He has 
charge of all matters relating to the heating, lighting and venti- 
lating of the Capitol with the exception of purchasing certain sup- 
plies. His jurisdiction extends to the halls and corridors of the 
building, and any fittings which are permanently ajffixed to the 
building itself and he has charge of the cleaning and repair of 
the portions of the building outside of the interior furnishings of 
the committee rooms. Responsibility for the furnishing and 
care of the Capitol is rather oddly divided, the Superintendent of 
the Capitol having those portions already mentioned ; the Clerk 
of the House of Representatives and the Sergeant-at-Arms of the 
Senate supervise the furnishing of the committee rooms, and the 
Doorkeeper of the House of Representatives has charge of the 
janitor work within the House committee rooms, and is respon- 
sible for the furniture, fittings, typewriters, and so on, after they 
have been supplied by the office of the Clerk. 

There is also a dual superintendency over the Superintendent 
of the building, in that there is a strict division of the Capitol 
space between the House and Senate, North of the Supreme 
Court corridor the Superintendent of the Capitol is the official of 
the Senate. When he crosses the line to the south he becomes 
an official of the House of Representatives, As separate appro- 
priations are made for the care of the separate wings of the Capi- 
tol, he is in charge of two distinct plants, one furnishing light, 
heat and ventilation for the Senate and the other performing a 



122 THE AMERICAN GOVERNMENT. 

similar service for the House. The Superintendent of the Capi- 
tol is also in charge of the two new buildings now under con- 
struction, one to the south and east of the Capitol, for office 
rooms for the House of Representatives, and the other to the 
north and east, for rooms for Senators who cannot be accommo- 
dated in the Senate wing; these buildings containing all modern 
improvements, and connected with the Capitol by subways, in 
which run miniature railways so that the new buildings are 
practically a part of the Capitol building without interfering with 
the architectural proportions of the present structure. It has 
been proposed, in accordance with the plan of the former archi- 
tect of the Capitol, to extend the front of the Capitol materially, 
but in view of the newly constructed buildings, and the opposi- 
tion to any change in the present appearance of the Capitol, it is 
doubtful if this extension will be carried out. 

The policing of the Capitol and of the Capitol grounds is sep- 
arated from the similar work in the city of Washington, and is 
done by a force of policemen appointed respectively by the Ser- 
geant-at-Arms of the Senate and Sergeant-at-Arms of the House 
of Representatives, an equal division in employment of men be- 
ing arranged, and the supervision of the board being undertaken 
jointly by the two chief officials named. The Capitol policemen 
maintain order in the building itself during the day and at 
night act as watchmen within the building and as a patrol in the 
grounds. The appointment being vested in the Sergeants-at- 
Arms, entirely, the tenure of office is wholly political and ap- 
pointment is secured by members of either House in accordance 
with their influence as brought to bear upon the appointing offi- 
.•er. 

THE LIBRARY OF CONGRESS. 

From the nucleus of the Library, created by the collection of the 
books from Thomas Jefferson to the present collection of vol- 
umes which long ago reached the million mark is, in time, not 
much more than three-quarters of that of the history of the 
United States. In rapidity of growth the Library of Congress 



THE AMERICAN GOVERNMENT. 123 

eclipses all other similar institutions and it promises to reach pro- 
portions in the near future equaled by no other library on the 
face of the globe. It was originally housed in a portion of the 
Capitol building, but before the erection of the present library 
building it had crowded every inch of available space, and would 
have crowded out eventually the House and Senate themselves 
had it been allowed to grow in its original location. The present 
magnificent building, erected at a cost of $6,000,000, is, however, 
already too small for the accumulation of the years following its 
completion, and the chief concern of those having it in charge is 
the Library's constant growth and its ultimate unwieldiness, 
which is inevitable, owing to the relations which it sustains to 
the publishing business of the country. 

The Librarian of Congress, appointed by the President, re- 
ceives a salary of $6,000, and is also the supervising head of the 
copyright system of the United States. The right of exclusive 
publication of books, music, maps, etc., is reserved to the authors 
or producers and their assigns upon complying with the provis- 
ions of the copyright laws. One of such provisions is the deposit 
in the Library of Congress of two copies of the work of which 
the rights are reserved. The tremendous volume of publication 
made possible by the improvements in printing machinery and 
the cheapening of printing paper will alone, in time, tax the re- 
sources of any library provision that can be made. In addition, 
however, in order that the library miay be well balanced and an 
effective working institution, it is necessary to accumulate by 
purchase, additional volumes, either of current foreign publica- 
tions or of older editions and works relating to literature, art 
and history, so that the limit of the possible collections of the 
Congressional Library cannot be foreseen. 

Large acquisitions are received from collectors, both by gift 
and demise, while historical manuscripts and other historical 
material have been turned over to the Library of Congress from 
the Executive departments, making that institution a working 
library where historical research can be carried on under better 



124 THE AMERICAN GOVERNMENT. 

auspices and with better results than has ever been possible in 
the United States. 

The details of the copyright office are carried on under direc- 
tion of the Librarian by a register of copyrights, who receives 
$3,000 per year. The regulations for securing copyrights are 
attached hereto. As a recent outgrowth of the copyright office 
and the Library, provision has been made for the assistance of 
libraries throughout the country in the preparation of their card 
indexes, by duplicating the original index cards of new publica- 
tions which may be purchased for other libraries at a slight cost 
compared with the cost of making a separate index for each 
library. 

The Library of Congress is primarily for the use of the mem- 
bers of the House and Senate, but the use of the Library building 
itself is chiefly by others than Representatives and Senators. 
For the convenience of the latter a subway runs between the 
Library and the Capitol building, in which an endless chain con- 
veys books to the Capitol, so that the members may have the 
volumes they desire in their committee-room without the neces- 
sity of going to the Library. 

The reading room of the Library of Congress with its vast col- 
lection of indexed cards is at the disposal of the public and ar- 
rangements are made for the comfort and convenience of those 
who desire to do special work in the Library. 

The building itself, which is unequaled in its interior decora- 
tion in the United States, is under the charge of the Superin- 
tendent, who has charge .also of the grounds surrounding the 
building, and who has under his direction the necessary force of 
watchmen and attendants for t,he proper care of the building and 
its fixtures, not directly connected with the library work. 

The staff of the Library of Congress necessarily includes for 
the purposes of an institution of this magnitude subordinate of- 
ficials in considerable number and having a wide range of duty. 
The Reading Room is in charge of a Superintendent with a corps 
of assistants and attendants, who, besides keeping up the cata- 
logues and attending to the wants of the visitors, arrange for 



THE AMERICAN GOVERNMENT. 125 

sending out the books required by members of Congress and 
others who are on the list of those entitled to remove books from 
the Library. Any person who goes to the Library to read, upon 
consulting the catalogue and making out a list of the books de- 
sired, will be furnished at the desk or reading place which he or 
she has selected with the volumes asked for, which will be re- 
moved and replaced by the attendants. Within the walls of the 
Library building, and are not accessible to or seen by the visitors, 
are a considerable number of departments each occupied with the 
arrangement or care of the books of the Library. The division 
of bibliography is charged with the preparation of lists of books 
relating to given subjects, and may be perhaps regarded as a di- 
vision of subject analysis and classification. The catalogue divis- 
ion provides the places of the books in the Library and makes 
up the various finding and reference catalogues. A separate di- 
vision is devoted to public documents, and another division to the 
care and custody of manuscripts, including very difficult and deli- 
cate work in repairing and restoring old manuscripts which have, 
"become partially obliterated, and which are of historic value. 
In addition to these there are divisions devoted to the care and 
arrangement of maps and charts, of music, and of periodicals and 
prints. A special reading room for the blind, containing the 
books published in raised letters, is provided, and in connection 
with this, during the winter season arrangements are made for 
musical and literary entertainments to which blind people are 
invited, artists residing in or temporarily visitors to Washington 
volunteering for this service. There is also connected with the Li- 
brary of Congress an extensive law library under the charge of 
a special custodian, and a separate division has charge of the de- 
tails relating to ordering books. Included within the activities of 
the Library are a complete printing office and book bindery, the 
latter of especial importance for the purpose of repairing the 
wear and tear of time and use on the collections of the Library 
and in restoring volumes which are added to the collection by 
means of purchase or gift. 

In addition to the main reading room, heretofore referred to, 



126 THE AMERICAN GOVERNMENT. 

a periodical reading room is maintained where newspapers and 
magazines are displayed and are available to the general reader, 
and in the other display rooms of the Library exhibitions are made 
Irom time to time of prints and other works of art, of rare books, 
and of charts and of various publications relative to the history 
of the United States, and to subjects that may be for the moment 
prominently in the public attention. 

GENERAL PROVISIONS RELATING TO COPYRIGHTS. 

The author, inventor, designer, or proprietor of any book, map, chart, 
dramatic or musical composition, engraving, cut, print, or photograph or 
negative thereof, or of a painting, drawing, chromo, statue, statuary, and 
of models or designs intended to be perfected as works of the fine arts, 
and the executors, administrators, or assigns of any such person shall, upon 
complying with the provisions of law, have the sole liberty of printing, 
reprinting, publishing, completing, copying, executing, finishing, and vending 
the same; and, in the case of a dramatic composition, of publicly performing 
or representing it, or causing it to be performed or represented by others; 
and authors or their assigns shall have exclusive right to dramatize and 
translate any of their works for which copyright shall have been obtained 
under the laws of the United States. 

Copyrights are granted for the term of twenty-eight years from the time 
of recording the title thereof, in the manner hereinafter directed. 

The author, inventor, or designer, if he be still living, or his widow or 
children, if he be dead, may have the same exclusive right continued for the 
further term of fourteen years, upon recording the title of the work or de- 
scription of the article so secured a second time, and complying with all 
other regulations in regard to original copyrights, within six months before 
the expiration of the first term. 

Copyrights are assignable in law, by any instrument of writing, and such 
assignment shall be recorded in the office of the Librarian of Congress within 
sixty days after its execution; in default of which it shall be void as against 
any subsequent purchaser or mortgagee for a valuable consideration, with- 
out notice. 

No person is entitled to a copyright unless he shall, on or before the day 
of publication in this or any foreign country, deliver at the office of the 
Librarian of Congress, or deposit in the mail within the United States, 
addressed to the Librarian of Congress, at Washington, District of Columbia, 
a printed copy of the title of the book, map, chart, dramatic or musical 
composition, engraving, cut, print, photograph, or chromo, or a description 
of the painting, drawing, statue, statuary, or a model or design for a work 



THE AMERICAN GOVERNMENT. 127 

of the fine arts for which he desires a copyright, nor unless he shall also, 
not later than the day of the publication thereof in this or any foreign 
country, deliver at the office of the Librarian of Congress, at Washington, 
District of Columbia, or deposit in the mail within the United States, ad- 
dressed to the Librarian of Congress, Washington, District of Columbia, 
two copies of such copyright book, map, chart, dramatic or musical composi- 
tion, engraving, chromo, cut, print, or photograph, or in case of a painting, 
drawing, statue, statuary, model, or design for a work of the fine arts, 
a photograph of the same . 

The Librarian of Congress shall receive from the persons to whom the 
services designated are rendered, the following fees : i. For recording 
the title or description of any copyright book or other article, fifty cents. 
2. For every copy under seal of such record actually given to the person 
claiming the copyright, or his assigns, fifty cents. 3. For recording and cer- 
tifying any instrument of writing for the assignment of a copyright, one 
dollar. 4. For every copy of an assignment, one dollar. All fees so received 
are paid into the treasury of the United States. The charge for recording 
the title or description of any article entered for copyright, the production 
of a person not a citizen or resident of the United States, shall be one 
dollar, to be paid as above into the treasury of the United States, to defray 
the expenses of lists of copyrighted articles as hereinafter provided for. 

No person can maintain an action for the infringement of his copyright 
unless he shall give notice thereof by inserting in the several copies of every 
edition published, on the title-page or the page immediately following, if it 
be a book; or if a map, chart, musical composition, print, cut, engraving, 
photograph, painting, drawing, chromo, statue, statuary, or model or design 
intended to be perfected and completed as a work of the fine arts, by in- 
scribing upon some visible portion thereof, or of the substance on which 
the same shall be mounted, the following words, viz. : "Entered according 

to act of Congress, in the year , by A. B., in the office of the Librarian 

of Congress, at Washington ;" or, at his option the Vord "Copyright," to- 
gether with the year the copyright was entered, and the name of the party 
by whom it was taken out ; thus : "Copyright, 18 — , by A. B." 

A penalty is provided for wrongful use of words denoting a copyright, 
and infringements may be enjoined and civil damages and penalties re- 
covered. 

THE BOTANIC GARDEN. 

Another governmental activity directly under jurisdiction of 
the Congress is the Botanic Garden, which is located at the 
foot of the Capitol hill and directly west of one of the entrances 
to the Capitol grounds. It consists of an installation of green- 



128 THE AMERICAN GOVERNMENT. 

houses, surrounded by a circular garden in which most of the or- 
namental and flowering plants introduced into the United States 
are maintained for the entertainment and instruction of visitors. 
The Botanic Garden also contains the Bartholdi fountain pre- 
sented to the United States at the close of the Centennial Expo- 
sition. The garden is at the head' of the system of parks which 
continue from the Capitol to the Potomac River west of the 
White House. A comprehensive plan has been proposed under 
which all of the private buildings on the south side of Pennsyl- 
vania Avenue are to be removed, the land acquired by the Gov- 
ernment and used for parks and for the location of public build- 
ings. To carry out this plan, it probably would be necessary to 
remove or abolish the Botanic Garden, which is now simply a 
show place of more or less interest to visitors, but entirely dis- 
connected with any general plan of beautification of the city, and 
as a matter of fact a detriment to the proper treatment of the 
territory from the Capitol to the White House, which intelligent- 
ly and discriminatingly laid out would be a source of enjoyment 
and of pride to the thousands of annual excursionists to Wash- 
ington. 



THE AMERICAN GOVERNMENT. 129 



CHAPTER VI. 

THE EXECUTIVE OFFICIALS — SECRETARIES AND ASSISTANT SECRETAR- 
IES OF DEPARTMENTS. 

It is sometimes intimated that the business of the various de- 
partments under the direction of subordinate officials and clerks 
of long experience in the government service, could be transacted 
evei> should the absences of cabinet officers from Washington be 
materially prolonged. Much has been said of this supposed abil- 
ity of subordinates as compared with the smaller experience and 
alleged ignorance on the part of cabinet officers of the affairs of 
their departments. A slight experience in the departments in 
Washington, however, makes it plain that while something of 
the sort might be possible if departmental affairs went through 
a uniform course of routine, it is when new policies are to be 
marked out and old policies are to be applied that the advantage 
and value of the Secretary becomes apparent, and the old and ex- 
perienced employe, very often in proportion to his age and ex- 
perience hastens to take advantage of the decision, and ability 
to cope with new situations of the Secretary and the possession 
of these qualities enables the latter to listen with a tolerant smile 
to the suggestions that the department could get along just as well 
without its head. No other one man in the department sees every 
aspect of the departmental activities. Every subordinate official 
is concerned with the affairs under his immediate charge, and 
regards them of superior importance to the affairs of every other 
branch. No other man in the department can see and apply the 
outside view to the situations which daily arise in departmental 
matters and while a Secretary may be ignorant of the details of 
the work of the department when he first takes his portfolio, his 
difficulty later is not lack of information, but to discriminate be- 
tween the kinds of information with which he is furnished by his 



130 THE AMERICAN GOVERNMENT. 

subordinates. Nearly every Secretary of a department in addi- 
tion to his administrative duties, is required to act in a semi- 
judicial capacity constantly in deciding upon the merits of 
contentions, in adjusting conflicting claims between different of- 
ficers, or divisions of the department under his charge. It is, 
therefore, of greater value that a Secretary should have a clear 
understanding and a lucid mind and a knowledge of the methods 
by which adjustments are made in the outside world, than that he 
should have an intimate knowledge of the affairs and workings 
of the department of which he has become the head 

The heads of departments of the Federal Government forming 
the cabinet or advisory body of the President, are interested, not 
alone in the affairs of their own departments, but in those of 
other departments of the Government, in the general policy of 
the administration and in the foreign affairs of the United States. 
While each question which may arise and which is submitted to 
the President is presented by the Secretary having immediate jur- 
isdiction over the subject matter, questions of importance are made 
the subject of a general consultation and it is quite possible that 
the head of a department might be overruled by the rest of the 
cabinet offlcials on a matter relating to the affairs of his own de- 
partment. The President is, of course, the arbitrator of the rela- 
tions between the different departments, and his decision in a 
mooted question is final. As between the heads of the depart- 
ments in matters arising outside of the cabinet meetings there 
is the most scrupulous care taken not to interfere in the affairs 
of one department by the head of another. This is especially the 
case with regard to the matter of recommendations for employ- 
ment and promotions, and it is the rule that such suggestions 
shall not be made for the very obvious reasons that they would 
tend to embarrass the administration of the personnel of the de- 
partments. Frequent and friendly conferences are held between 
the different cabinet officers for the purpose of adjusting matters 
relative to business which affects two departments. These cor- 
dial official relations are also carried into social life, and in view 
of the necessarily constant intercourse, official and social, the cab- 



THE AMERICAN GOVERNMENT. 131 

inet official who entertains an unfavorable opinion of another 
member of the cabinet is prevented from at least the expression 
of such opinion until one of them has terminated official life. 

Assistant Secretaries of departments have no part in the cabi- 
net duties when they are serving as Acting Secretaries during the 
absence of the heads of their departments. They do not attend 
cabinet meetings, nor go to the White House, unless upon spe- 
cial business or when summoned by the President. The duties 
of Assistant Secretaries vary in accordance with the manner of 
the organization of the different departments, but generally con- 
sist in an oversight and direction of one section of the depart- 
mental owrk in a semi-independeit manner, although at all times 
subject to the criticism of and perhaps reversal of action by the 
Secretary himself. An appeal lies at all times on the action of 
an Assistant Secretary to the Secretary, and it depends upon the 
latter whether he will support his Assistant without question or 
whether he will grant a review of the matter appealed. 

One of the least agreeable of the duties of the Secretary is the 
signing of the department mail. In some departments a portion 
of this work is permanently assigned to the Assistant and in all 
the Assistant Secretaries sign as Acting Secretaries when the 
head of the department is absent, or when from pressure of other 
business he relegates the duty to his Assistant. The signing of 
the departmental mail gives control over the details of the work 
of the department, so that it frequently happens that the Assist- 
ant Secretary while acting in the capacity of Acting Secretary 
has an opportunity to change or modify the policies of the de- 
partment in accordance with his own personal views. Should 
such modifications later come to the attention of the Secretary, a 
further modification or return to the original policy may be di- 
rected, and it is in this direction that the greatest possibilities 
exist of friction between the head and the second in authority of 
a department. 

In case both the Secretary and the senior Assistant Secretary 
are absent the duty of acting as Secretary devolves upon the As- 
sistant Secretary, if any, next in line, otherwise upon the chief 



132 THE AMERICAN GOVERNMENT. 

bureau officer or rather the officer in the department who is re- 
garded as next in power and authority to the Assistant Secretary. 
As there would be frequent differences of opinion as to who was 
entitled to the honor, the matter has, in departments where there 
is but one Assistant Secretary, been placed in the hands of the 
President, who designates in writing the official who shall sign 
the departmental mail in case of the absence of both the Secre- 
tary and Assistant Secretary. 

THE SECRETARY OF STATE. 

The Secretary of State is appointed by the President by and 
with the advice and consent of the Senate, and receives a salary 
of $12,000 per year. While he is the head of the smallest Execu- 
tive Department, in point of numbers, counting those employed 
at Washington, he is the ranking member of the cabinet, both 
because of priority in the statutes of the State Department 
and because of his function of attesting the acts of the President. 
The office of the Secretary of State is frequently called the Pre- 
miership in the American system of government, for the reason 
that the office has been filled many times by prominent mem- 
bers of the dominant political party, and sometimes by a man 
more powerful in the councils of the party than the President 
himself. The office of Secretary of State has at times contained 
the real power in an Administration. At other times the occu- 
pant of the position has had less power than some other member of 
the cabinet ranking lower in the list. In the hands of a strong man 
the office has been made a most potential one, while when the con- 
trary was the fact, it has become largely a clerkship for the adminis- 
tration of the foreign business of the United States. With respect 
to domestic affairs the Secretary of State has the custody of the seal 
of the United States, and there are deposited under his charge all 
laws, orders and resolutions of a concurrent nature passed by Con- 
gress, which have been signed by the President or which have become 
law after ten days, or which have been passed over the President's 
veto. The laws of the United States are enrolled by being printed 



THE AMERICAN GOVERNMENT. 133 

on parchment, and in this form after having been signed by the 
presiding officers of the two Houses of Congress and the President, 
are deposited in the Bureau of Rolls of the State Department, and the 
Secretary of State furnishes an accurate copy of the law so enrolled 
to the public printer for the purpose of publication. When the 
Secretary of State is notified that an amendment to the Constitution 
of the United States has been adopted according to the provisions 
of the Constitution, he must cause a publication to be made of the 
amendment in the newspapers in the various States, at the same 
time certifying that the amendment has been adopted and that it has 
become a part of the Constitution of the United States. He also 
issues proclamations declaring the admission of new States into 
the Union. 

The Executive directions are also promulgated by the Secretary 
of State in attesting the signature of the President to any Executive 
order or proclamation, the Secretary of State thus having the func- 
tion of the official Secretary to the President in matters in which the 
President takes action as representing the general government. The 
other function of the Secretary of State consists in the administra- 
tion under the direction of the President of the foreign relations 
of the United States. These duties include the intercourse with the 
diplomatic and consular representatives sent by foreign govern- 
ments to the United States, and the intercourse of the United States 
with foreign governments by means of Ambassadors or Ministers, 
and with foreign commercial interests bv means of various consular 
officers. Although it is not uncommon for the President himself to 
communicate directly with the diplomatic representatives of foreign 
governments, the major portion of such intercourse is carried on 
by the Secretary of State, who receives upon a designated day in 
each week visits from the various accredited Ambassadors and 
Ministers. 

The Secretary of State has the preparation of the various State 
papers addressed to foreign governments, either through their rep- 
resentatives or through the representatives of the United States 
abroad, and, as well, has frequently taken prominent part in the 
preparation of domestic papers. Besides the diplomatic representa- 



134 THE AMERICAN GOVERNMENT. 

tives, the Secretary of State administers the large force of consular 
officers who represent the United States in each of the larger foreign 
shipping points and manufacturing centres. All matters relating 
to the claims of American citizens against foreign countries, and of 
the citizens and subjects of foreign countries against the United 
States, are sent through the Department of State, and the Secretary 
of State acts in a large number of cases as mediator in securing the 
settlement of such claims, as may be based on the principles of 
international law and are not within the jurisdiction of courts. 
American citizens travelling abroad are given passports under the 
direction of the Secretary of State, and foreign royalty visiting the 
United States in an official capacity are generally entertained by the 
Secretary of State or his representative. 

In the early history of the United States the Secretary of State 
was made the vehicle of report to Congress of the number of im- 
pressments from the vessels of the Merchant Marine of the United 
States by the naval vessels of Great Britain. This requirement has 
been repealed, though not until 1897, but a provision still exists 
requiring the Secretary of State to make a statement to Congress of 
the returns made by the customs collectors in the various seaports 
of the United States, of the number of seamen registered by them, a 
practice which was put into effect in order to prevent impressment,^ 
but which has now been long obsolete. 

The Secretary of State must also report to Congress annually the 
changes in the commercial systems of other nations ; a synopsis of 
the information forwarded by the diplomatic and consular officers 
during the year, together with various items 'of information with 
regard to the fees and salaries of officers. He was formerly charged 
with the duty of disseminating the reports of Consuls with regard 
to commercial conditions, but these are now transmitted to the 
Department of Commerce and Labor, by whom the publication is 
now carried on. The contingent fund of the State Department is 
the only fund appropriated under the Government of the United 
States, from which expenditures may be made without the require- 
ment of public statement as to the objects for which the amounts 
were expended. While certain portions of this fund are to be re- 



THE AMERICAN GOVERNMENT. 135 

ported upon, exception is made of such expenditures as may be 
settled upon the certificate of the President, which is taken as suf- 
ficient jurisdiction of the expenditure made without special authori- 
zation of law or particular report as to the objects to which the 
amounts were applied. 

The Secretary of State has, in a sense, under his direction the 
aflfairs of the Island of Porto Rico, since the government of that 
island is not under the general insular administration vested in the 
Insular Bureau of the War Department, but is a separate adminis- 
trative entity, the officers of which are commissioned through the 
Secretary of State, and the reports of which are trasmitted through 
the Secretary of State to the President. 

The Secretary of State formerly had under his jurisdiction the reg- 
istration and issuance of commissions to officers under the various 
executive departments, but this function has been by law vested in 
the appropriate departments and the former functions of the Secre- 
tary of State with reference to the government of the territories are 
now vested in the Secretary of the Interior. 



THE SECRETARY OF THE TREASURY. 

The Secretary of the Treasury, appointed, as are the rest of the 
Cabinet officers, by and with the advice and consent of the Senate, 
and receiving a salary of $12,000 per year, bears to the general gov- 
ernment the character of a treasurer, with the well-known duties 
appertaining to such an office. He is the custodian of the public 
moneys and the paymaster for all expenditures. At the same time, 
the operation of these functions has developed one of the most wide- 
reaching branches of the activities of the Executive. Roughly 
divided, the duties of the Secretary of the Treasury are under three 
heads. The collection of the revenue of the United States; the 
disbursement of all moneys for the expenses of the country; and 
the maintenance of the stability of the monetary system of the 
nation. The position of the Secretary of the Treasury is more inde- 
pendent than that of any other member of the Cabinet. While he is, 
cf course, subject to the direction of the President, and to removal 



136 THE AMERICAN GOVERNMENT. 

in case he does not agree with the Presidential policies, at the same 
time he is vested by law with great discretionary powers and with 
wide direction for report to Congress. He is supposed to be the 
ultimate authority in the United States on all questions of finance, 
and while the President may go counter to the views of the Secre- 
tary of the Treasury, he does so at the risk of making a mistake in 
non-compliance with what is assumed to be expert opinion. 

The Secretary of the Treasury in his capacity as chief of the 
machinery for collecting the revenues of the country, is at the head 
of the Customs Service, which is charged with the collection of taxes 
imposed by law upon goods imported into the United States. He 
is also the head and the directive force of the Internal Revenue 
establishment, by which the taxes on intoxicating liquors and to- 
bacco and certain other commodities produced and manufactured 
in the United States are collected. In addition to these two main 
sources of revenue, the Secretary of the Treasury receives and 
accounts for all the miscellaneous receipts of the United States, 
from taxes not above enumerated arid from postal revenues, and 
from sales of public property, and from any other sources of income 
whatever. So minute is the provision for the collection of the pub- 
lic revenues by the Secretary of the Treasury, that without special 
authorization of law no proceeds of even the sale of waste material 
under another department can be retained and utilized by that De- 
partment, but the entire proceeds must be turned into the Treasury 
of the United States to be applied to the general funds of the United 
States. As chief disburser of the public funds, the Secretary of the 
Treasury, upon the authorization of expenditure by an appropriation 
by Congress, causes warrants to be issued placing at the disposal 
of the proper disbursing officer the amount and in the manner pre- 
scribed by Congress in making the appropriation. Under a Con- 
stitutional provision no money can be drawn from the Treasury 
except in accordance with an appropriation made by law, and the 
Secretary of the Treasury must keep within the exact terms of the 
law in issuing warrants and permitting expenditures. To secure 
this result, the machinery consists of a number of Auditors, each one 
of whom is charged with settling the accounts of a particular De- 



THE AMERICAN GOVERNMENT. 137 

partment, while the general authority and procedure is regulated 
by a Comptroller whose decisions on a question relating to an 
appropriation has the effect of finality, subject to review by the 
Court of Claims within its jurisdiction. For the proper accounting 
of moneys received and disbursed, the Secretary of the Treasury is 
charged with the maintenance of a system of bookkeeping, not only 
covering the transactions of his own department, but the transac- 
tions of other departments as well, and he has the power to pre- 
scribe the forms and methods to be used by the different depart- 
ments in making subsidiary accounts. 

All claims and demands made by or against the United States are 
finally settled under the direction of the Secretary of the Treasury, 
and directly, both as to debts owed to and by the United States, when 
the intervention of the Court of Claims or other judicial authority 
is not found to be necessary. 

The Secretary of the Treasury is authorized to compromise and 
settle claims against debtors of the United States when the full 
amounts of claims are not collectible, except those arising under 
the postal laws, and where poor debtor proceedings have been taken 
he is authorized to direct the discharge of the debtor except where 
fines or penalties have been imposed under the criminal law or where 
officials or agents of the United States have received moneys for 
the use of the United States, which cases must be referred to the 
President. 

The Secretary of the Treasury has the power to construe the 
laws imposing customs duties, and* is charged with carrying out 
such laws to the end of securing the largest amount of just dues 
to the United States. Having once made a ruling, the Secretary 
of the Treasury may not reverse or modify it adversely to the 
United States, except in concurrence with the Attorney General 
or in accordance with a competent judicial decision not appealed. 
In case the Secretary of the Treasury deems the decision of an 
inferior court to be a proper subject for appeal to the highest court 
of adjudication, he may ignore such decision until the final appeal 
has been acted upon. 

The Secretary of the Treasury is charged with the duty of pre- 



138 THE AMERICAN GOVERNMENT. 

paring plans for the improvement and management of the revenue, 
and under this provision must keep Congress advised of the state 
of the revenues and of an impending deficiency should one be in 
prospect. The several Departments make up annual estimates of 
the amounts which it is anticipated will be needed for expenses 
during the coming fiscal year which begins on July ist, and these 
estimates are transmitted to Congress together with the proper 
comparisons of appropriations and expenditures for the preceding 
year. This compilation, known as the book of estimates, is the 
basis on which Congress makes appropriations for the expenses of 
the government for the fiscal year following that in which the ses- 
sion of Congress is held. In addition the Secretary of the Treasury 
is required to make quarterly a statement of the whole receipts and 
expenditures of the quarter, and also to publish the weekly statement 
of the Treasurer of the United States, showing the amounts of 
money on hand and the outstanding drafts. 

The Secretary of the Treasury is the head of the monetary system 
of the United States and is the direct regulating power of the vol- 
ume of the currency. The various conditions relating to trade, both 
domestic and international, are held to require the action of the 
United States in increasing the volume of the circulating medium, 
when for any reason there is an extra demand for such means of 
commercial intercourse. The basis of such a circulating medium 
is the amount of gold in the possession of the country as a whole. 
Provision is made by which any person may deposit gold, either as 
bullion or as coin in the United States Treasury or in one of its 
Sub-Treasuries, receiving therefor the certificates of the United 
States. The gold thus deposited becomes the basis of interchange 
not only between the various sections of the United States, but 
between the United States and foreign countries as well, and the 
certificates of the government showing an equivalent amount ac- 
tually held in reserve, are of equal value in facilitating the inter- 
change of commodities with the payment of the coin itself. 

In order to meet the expenses of the government at a time when 
the expenditures are largely in excess of the receipts, Congress has 
authorized from time to time the issue of bonds, being the promise 



THE AMERICAN GOVERNMENT. 139 

of the United States to pay the amount stated on a given date, and, 
in the meantime, to pay a stipulated amount of interest for the use 
of the money. These bond issues are made by the Secretary of the 
Treasury, and the processes incidental to the interest paying and 
final redemption are carried out by his direction, under the pro- 
vision of law which imposes upon him the care of the public credit. 
With the securities thus issued and guaranteed by the credit of the 
United States as a basis, a national banking system is maintained, 
by which individuals form themselves into stock companies, and 
having placed a sufficient amount of money, represented by bonds 
and similar securities under the control of the Secretary of the 
Treasury, are permitted to issue notes of hand which are secured by 
such deposits and which form a portion of the circulating medium 
of the country. This system of banks covering the United States, 
is controlled under the direction of the Secretary of the Treasury, 
who is responsible for their continued solvency, and who in case of 
loss to depositors must require the stockholders to reimburse the 
losers as provided by law. Another portion of the circulating me- 
dium, under the direction of the Secretary of the Treasury, consists 
of notes issued by the United States, based upon the stock of coin, 
either gold or silver, which has been paid into the Treasury of the 
United States, and which is there held as a reserve for the retire- 
ment of such notes, this form of circulating medium being a more 
convenient means of transacting business than the payment of the 
actual coin. 

The whole of the circulating medium thus made available for the 
operations of commerce is regulated through the machinery of the 
office of the Comptroller of the Currency, and by virtue of accumu- 
lations in the Treasury of the United States, which under certain 
conditions of trade are larger than at other times, can be made 
flexible through the action of the Secretary of the Treasury in 
placing considerable sums from such accumulations on deposit in 
the various national banks of the country, where the money so 
deposited becomes available for increasing the ready stock of cash, 
by which commercial transactions may be carried on. The effects 
of a tight money market may in this manner be ameliorated by the 



140 THE AMERICAN GOVERNMENT, 

Secretary of the Treasury, when in his judgment it would be for the 
common good to increase the volume of the circulating medium 
readily accessible for commercial purposes. When, on the other 
hand, it appears that no general good would be subserved by such 
action on the part of the Secretary of the Treasury, and that the 
apparent stringency is speculative only, his refusal to participate 
in the situation has the tendency to bring about an earlier liquidation 
and of restricting the volume- of trade within safe limits. A 
tremendous power is thus placed in the hands of the Secretary of the 
Treasury, upon whose conservatism and accurate appreciation of 
commercial conditions may sometimes depend the safety of the 
country from a serious financial panic. 

The Secretary of the Treasury is also the directive officer in the 
production of the coins of the United States and of the paper cur- 
rency certificates and securities utilized as mediums of exchange. 
The operations of the various mints of the United States assay 
offices are under his jurisdiction, as well as the Bureau of Engraving 
and Printing in Washington, where all paper money and securities^ 
as well as postage stamps, are printed. 

For the purpose of maintaining a proper supervision along the 
coast and for the purpose of preventing smuggling, he is at the head 
of a semi-military organization, the Revenue Cutter Service, which 
besides is also utilized for assisting the Merchant Marine in event 
of disaster, and for the enforcement of maritime laws. An allied 
service under the direction of the Secretary of the Treasury is the 
Public He^th and Marine Hospital Service, which has charge of 
the hospitals for the care of the sailors of the Merchant Marine,, 
and also of questions of public health which do not come under the 
jurisdiction of the States of the Union. For the purpose of pre- 
venting frauds in the Customs and Internal Revenue Services, and 
also for the protection of the coin and currency of the United States, 
the Secretary of the Treasury has under his jurisdiction a Secret 
Service Bureau, comprising special agents, whose duty it is to col- 
lect evidence for the prevention and punishment of such offenses. 
As an adjunct of the Revenue Cutter Service, the Secretary of the 
Treasury has under his jurisdiction a Life-Saving Service intended 



THE AMERICAN GOVERNMENT. 141 

to ameliorate the disastrous effects of wrecks along the seacoast 
and on the shores of the internal waters of the United States. 

In many of the cities and towns of the United States it has been 
found to be economical for the government to erect its own build- 
ings rather than to pay rent to private persons. The erection of 
public buildings outside of Washington, and their care and main- 
tenance after completion is under the jurisdiction of the Secretary 
of the Treasury, through the office of the Supervising Architect of 
the Treasury. 

The Secretary of the Treasury is charged with the custody of 
the bonds of the officials of the United States receiving and dis- 
bursing moneys, including those of the officials of the Congress 
having to do with financial matters, and is charged with the examina- 
tion of bonds, their approval, and of carrying out the provisions of 
law relating to the review and renewal of bonds biennially. 



THE SECRETARY OF WAR. 

The Secretary of War is appointed by the President by and with 
the advice and consent of the Senate, and receives a compensation 
of $12,000 dollars a year. The Secretary of War ranks third in the 
order of precedence in the Cabinet and performs such duties as may 
be intrusted to him by the President. Relative to military affairs, 
he has the custody of the authority of the President as Commander- 
in-Chief of the Army, and may exercise such power in accordance 
with the President's direction to do all things relating to the com- 
mand and control of the Army and its munitions, including the 
transportation of troops, their stores, and all munitions of war. 
In the administration of this branch of the functions of the War 
Department the Secretary of War is assisted by the General Staff, 
which under the current statutory provisions practically administers 
all the details of military operation and administration. There are, 
however, some semi-independent bureau organizations still main- 
tained, although subordinate to the administration of the General Staff , 
and which have important functions in the manufacture and pur- 
'Chase of arms, clothes, food and other provisions for the mainte- 



142 THE AMERICAN GOVERNMENT. 

nance of the Army. Over the whole of this organization the Secretary 
of War maintains a directive and controlling power in matters of 
policy, even though many matters of detail carried out in his name 
are not originated by him. The strictly military side of the War 
Department is but a portion of its total activities. Since the incep- 
tion of the system of seacoast and internal improvements in the 
first quarter of the nineteenth century, the War Department, through 
the Corps of Army Engineers, has supervised and directed the 
operations for the improvement of harbors on the seacoast, of 
facilities for navigation on the great lakes, and for the deepening 
of the channels of navigable rivers. All contracts for such work 
are carried out under the direction of the War Department, and in 
connection with this work the Secretary of War is given the custody 
of the Federal authority over certain portions of navigable waters, 
so that bridges or other obstructions to free navigation cannot be 
installed or maintained except under rules prescribed by the Secre- 
tary of W^ar. When special authorization is given for a bridge or 
similar construction affecting the navigation of a body of water, it is 
generally coupled with the proviso of inspection by the War Depart- 
ment. 

The Secretary of War is also charged with the duty of stating 
to Congress facts relating to the promotion of the general commerce 
of the country by improvements proposed, and has the duty not only 
of reporting on the practicability and cost of various river and 
harbor improvements, but must also report as to the practical value 
and benefit to commerce of the expenditure desired. As a part 
of the work on the great lakes and in connection with surveys made 
for the purpose of improving conditions of navigation, the War 
Department maintains a permanent survey force on the lakes, and 
publishes charts for the use of lake commerce. It is charged as well 
with the maintenance of improvements, and the operation by Federal 
employes of undertakings of this character requiring manipulation. 

A large part of the force under the jurisdiction of the Secretary 
of War is engaged in maintaining the records of the soldiers in the 
wars of the United States for the use of the Pension Office, which 
is under the jurisdiction of the Interior Department. The various 



THE AMERICAN GOVERNMENT. 143 

records covering the personnel of the Army in the wars of the 
United States from the Revolution up to the present day, have been 
collected in one section of the War Department, and progressive 
work has gone on for nearly twenty years in making a complete 
record of the service of every person who has served in the land 
forces of the United States at any time. 

While the Signal Service of the War Department, which formerly 
carried on the forecasting work now being done by the Weather Bu- 
reau of the Agricultural Department, has been reduced to its original 
status of military communication only, very large additions have 
been made from time to time to the civilian activities of the War 
Department. Following the military occupation of the Philippines 
the civil administrative details were allowed to remain under the 
War Department on account of the sequence of events, so that the 
Secretary of War now has under his direction the details relating 
to the administration of the Philippine Islands, together with the 
general oversight of matters relating to the Panama Canal zone. 
The military forces maintained in the Philippine Islands are, of 
course, under the direction of the War Department proper, while 
the civil administration is carried on by a semi-independent bureau. 
All matters relating to the administration of the Philippine Islands 
^ reach the Executive through this bureau, which is the collating and 
directive force of the civil officers engaged in the work in the 
Philippines. 

For want also of a more appropriate location, and because a 
bureau of external administration had already been established in 
the War Department, the direction of the work of building the 
Panama Canal has been placed under the direction of the Secretary 
of War. Although the actual operations are being carried on by an 
independently organized commission, the commission as a whole, 
together with its work, is under the direction of the Secretary of 
War, who, under the direction of the President, prescribes the gen- 
eral policies to be carried out. 

In addition to the functions above described, the Secretary of War 
has the custody and control of the parks in Washington, and their 
care and maintenance, and also such of the public buildings as are 



144 THE AMERICAN GOVERNMENT. 

not otherwise provided with superintendents. He is also generally 
a member of commissions appointed by Congress for the purpose of 
locating statues in Washington and of determining upon their 
designs. 



THE ATTORNEY GENERAL. 

In addition to the other assistants provided for the President 
in the original enactments establishing a form of government, there 
was provision made for an Attorney General, an official ranking 
fourth in the cabinet succession. The position was first established 
as that of a legal adviser to the President and heads of departments 
only, and not as the head of a department, and the creation of the 
Department of Justice was not effected until 1870. The position, 
as with all other cabinet positions, has a compensation of $12,000 
a year, and the apointment is made by the President by and with 
the consent of the Senate. The Attorney General has the other 
prerogatives of cabinet officers, countersigns all commissions of 
officers under his direction and of the judiciary, and signs requi- 
sitions on the Treasury for moneys to be paid on accounts or to be 
advanced. He designates the disbursing officer of his department 
and performs other duties pertaining to an executive head. For- 
merly commissions equivalent to those under the Department of 
Justice and before its establishment were issued by the State De- 
partment, whose functions in this respect have been materially cur- 
tailed by legislation separating the commissioning of officers under 
the different departments from the State Department and placing 
the work of issuing and recording the commissions in the jurisdic- 
tion of the departments to which the appointments refer. 

The Attorney General of the United States is primarily the ad- 
viser of the President on matters of law. He is required to give his 
advice and opinion on any matter of law on which the President 
may desire an opinion. He is, in practice, not only the source of the 
Presidential information on the construction of legislation and on 
the principles of law, but he is frequently required to pass upon the 
form and purport of proposed legislation recommended by the Execu- 



THE AMERICAN GOVERNMENT. 145 

tive. While, strictly speaking, the Executive is supposed to be 
ignorant of legislation until it is presented to the President in ac- 
cordance with the vote of the Congress, the views of the Executive 
are frequently presented either in the form of bills or of amendments 
to bills in an informal manner to the members of Congress engaged 
in the preparation of legislation. 

The opinion of the Attorney General is also taken by the Presi- 
dent on the form of laws presented for his signature, and for a 
general opinion on their character when a material change is made 
in reference to judicial procedure, jurisdiction or other matters 
germane to the Department of Justice or affecting a general policy 
of the government. In addition the Attorney General is the rep- 
resentative of the President in matters relating to pardons ; the 
records of such cases are kept under his direction and action is taken 
by the President largely on his recommendation. 

The Attorney General is also the legal adviser of the heads of 
the Executive departments who may require his opinion on questions 
of law connected with the business of their departments, and especial 
provision is made for the submission of law questions by the War 
and Navy Departments, it being intended to make especial provision 
for furnishing these departments with facilities for determining 
points of civil law, military law being regarded as more particularly 
appertaining to them. The Attorney General is charged with the 
duty of giving a written opinion on the validity of the title of any 
land to be purchased by or granted to the United States, but the 
preparation of the evidence is required of the department securing 
the opinion, and in cases of grants of building sites the grantors 
must furnish such evidence without cost to the government. 

The Attorney General is not required to give a personal opinion 
in every case, as except on matters requiring a construction of the 
terms of the Constitution, he may delegate the question to a 
subordinate whose opinion, if approved by the Attorney General, 
becomes that of the Attorney General and has the effect of binding 
the acts of public officials unless set aside by the courts. Thus an 
opinion of the Attorney General becomes of equivalent weight in 
•determining practice in the Executive departments with that of a 



146 THE AMERICAN GOVERNMENT. 

court, unless the matter is carried into court and the opinion is not 
sustained. 

Besides his duty of directing the rendering of opinions, the 
Attorney General is required to oversee the progress of suits 
at law in which the United States is a party in prosecuting or 
defending the same in behalf of the government. He has placed 
at his command not only a Solicitor General and Assistant 
Attorneys General, but a corps of District Attorneys and in special 
cases, may employ special counsel, fix their compensation and 
direct their conduct of cases. He generally appears himself in 
the Supreme Court of the United States in the argument of im- 
portant causes, but may be represented by the Solicitor General, 
and in the lower courts is so represented by the subordinate 
counsel. 

The Attorney General is required to supply legal assistance 
to the Executive Departments when required to conduct the 
examination of witnesses and nominates the special counsel 
provided by law to represent the interests of the United States 
before the Board of General Appraisers. He is given the direc- 
tion and control of United States marshals and supervises the 
accounts of marshals, clerks, and other court officers, besides 
directing the district attorneys and receiving their reports. He 
also controls the supplies for the various United States courts 
and directs the disbursement of compensations of the court 
officials and settles expense accounts. 

The Attorney General is authorized to publish annually a 
volume of his opinions and those of his subordinates to an ex- 
tent which he may regulate, selecting those deemed important, 
and must report to Congress annually on the business of his 
department, the amount expended to defray the expenses of 
the United States courts, the statistics of crime under the laws 
of the United States, the number of causes settled and pend- 
ing during the year and the number of persons and their names 
retained as special attorneys during the year and the roster 
of assistant district attorneys. 

There is no function exercised by the Attorney General with 



THE AMERICAN GOVERNMENT. 147 

reference to the perfecting or criticism of bills pending before 
Congress before they have been passed. Certain bills which re- 
late to the affairs of the Department of Justice or to changes in 
the judicial proceedings of the Federal courts are sent to the 
Attorney General for consideration and report by committees 
of Congress, but these references are no different in effect from 
the usual administrative references made by committees to heads 
of other departments of bills affecting departmental affairs, the 
members of Congress constituting themselves the judges of the 
form of the bills, of their constitutionality and of their sufficiency 
to carry out the purpose proposed. 

THE POSTMASTER GENERAL. 

One of the first concerted acts of the colonies which later 
formed the United States of America was the establishment of 
a postal system. In the schemes of government which followed, 
provision was made for the continuance of the office of 
Postmaster General, and he was one of the original members 
of the Cabinet. The position of Postmaster General, which is 
filled by the President by and with the advice and consent of 
the Senate and carries a compensation of eight thousand 
dollars a year, is unique among the Cabinet positions 
by virtue of the provisions made for tenure of office by the 
incumbent. He can only be removed by and with the consent 
of the Senate and unless so removed retains his office during 
the term of the President appointing him and for one month 
after the term of the President has expired. 

This provision is due to the character of the duties of the 
Postmaster General with respect to the postal revenues and 
expenditures, as well as to the importance of maintaining mail 
communication without interruption. The postal revenues, 
while turned into the general treasury, are maintained as a 
separate fund, added to, as deficiencies are apparent by ap- 
propriation from the general funds, and the control and direc- 
tion of the financial matters relating to these funds may be the 
basis of the exceptional consideration given this Cabinet office 



148 THE AMERICAN GOVERNMENT. 

as well as the consideration of the supposed expert service in 
maintaining intercommunication by the Postmaster General 
which would make it undesirable to make an immediate change 
in this position immediately on the incoming of a new Presi- 
dent. The seeming independence given the Postmaster General 
has not, however, been marked by actidn on his part materially 
■differentiating him from other Cabinet members, nor is the 
office regarded as especially desirable on account of the more 
secure tenure of office provided by law. 

The United States statutes provide that every public high- 
way, all railroads and canals and the navigable waterways of 
the United States shall be post roads. The Postmaster General 
is empowered to establish post routes over such post roads 
wherever in his judgment such routes are needed and to estab- 
lish such post offices as he may deem to be essential for the 
purpose of carrying on mail communication. He is only restrict- 
ed by the provision that county seats must have postal facilties, 
both in the matter of establishment of post routes communicat- 
ing to them if they are not on post roads and in the establish- 
ment of post offices at such county seats and their maintenance, 
even though the business transacted is not sufficient to other- 
wise secure such establishment or maintenance. The Post- 
master General may also temporarily establish a post route where 
a post road does not exist, but only until the following session 
of Congress, when if a post road is not established, the route 
must be discontinued. Generally speaking, the Postmaster 
General must do all things^ necessary for the efficient operation 
of the postal service, and his specific duties as established by 
law are as follows : 

To establish and discontinue post offices. 

To instruct all persons in the postal service with reference to 
their duties. 

To decide on the forms of all official papers. 

To prescribe the manner of keeping and stating accounts. 

To enforce the prompt rendition of returns relative to ac- 
•counts. 



THE AMERICAN GOVERNMENT. 14^ 

To control, according to law, and subject to the settlement 
of the Auditor for the Post Office Department, all expenses 
incident to the service of the department. 

To superintend the disposal of the moneys of the department. 

To direct the manner in which balances shall be paid over, 
issue warrants to cover money into the Treasury and to pay 
out the same. 

To superintend generally the business of the department 
and to execute all laws relative to the postal service. 

It will be seen that the Postmaster General has, with reference 
to the postal revenues, functions in a way equivalent to those 
of the Secretary of the Treasury with regard to the general 
funds. He is given a wide range of powers and prerogatives 
in executing these requirements, some of which are as follows : 

No other person may establish a post office under penalty 
of a fine of $500. He has exclusive appointment of fourth class 
postmasters and keeps the records with respect to the appoint- 
ments of other classes of postmaters by the President, advises 
all candidates of their appointments and all postmasters of their 
removal and must certify these changes to the Auditor for the 
Post Office Department. He has supervision over the bonds 
of postmasters and other postal officials in deciding upon their 
sufficiency. When a vacancy occurs in a post office which is not 
filled within 60 days, he must upon the demand of the bondsmen 
of the former postmaster designate a special agent to take charge 
of the office and release the bonds from liability. 

The statutes provide that all letters posted in a post office half 
an hour before the time set for the departure of a mail must 
be included in that mail, but the Postmaster General has the 
option in special cases of extending this time to one hour. 

The compensation of postmasters is determined on the basis 
of the business done by their respective offices, except in a few 
of the largest offices. The Postmaster General requires under 
the law that there shall be full statements filed as to the bus- 
iness done and the moneys received, and if he is satisfied that 
a false or erroneous return has been made he can set it aside 



ISO THE AMERICAN GOVERNMENT. 

and allow such compensation as he may deem to be reasonable. 
The rating of post offices under the various classes and grades 
established by Congress is made by the Postmaster General on 
the basis of business done, the new ratings to go into effect on 
the first day of the succeeding quarter to that in which the re- 
rating is effected. 

The Postmaster General is empowered to adjust any losses 
that may be sustained by postmasters in stamps or other pos- 
tal supplies or in money from fires, burglaries or other causes 
not due to the official's neglect, provided the amount does not 
exceed $10,000. He must, however, report the action so taken 
to Congress. He may designate Presidential postmasters as 
disbursing officers and may direct expenditures from the pos- 
tal revenues in any office, subject to the usual settlements. He 
may discontinue any post office or post route where the safety 
or efficiency of the service is threatened or impaired, subject to 
the restriction that he may not deprive a county seat of its 
postal facilities. He may also consider the cases of persons who 
may. be indebted to the United States on account of the postal 
revenues either by reason of fines, penalties of other debts, and 
his approval gives efifect to settlements which seem to be ad- 
vantageous when the full amount of such indebtedness cannot 
be collected. He is also empowered to direct the discharge of 
any person in jail on a civil process growing out of indebtedness 
to the postal funds when the person is unable to pay the amount 
due. 

Provision is made by statute giving the Postmaster General 
the right to make contracts for mail supplies running for four 
years; he is given the custody of the seal of the department, 
may provide substitutes for postal employees when subpoenaed 
as witnesses in United States courts ; may designate a clerk to 
act as superintendent of the free delivery service. The Post- 
master General also appoints or employs the superintendents 
and agents of the different branches of the postal service under 
general and special provisions in the statutes and supervises 
the operations of persons appointed for postal work under the 



THE AMERICAN GOVERNMENT. 151 

classified service. He is required to have proper inventories 
made of the property of the government at the various places 
under his jurisdiction and may direct the sale of useless docu- 
ments as waste papear. He must see that amounts received 
from these sources as well as miscellaneous amounts received 
by postal employees and officials from incidental sources, such 
as money found in the mails and incidental receipts are turned 
into the Treasury. 

The Postmaster General may with the advice and consent of the 
President conclude postal treaties with foreign countries and must 
transmit a copy of each treaty so made to the Secretary of State 
and furnish copies to the public printer for publication. The Post- 
master General makes contracts for carrying the mails, both in the 
United States and to foreign countries, and appoints agents and 
makes provision for the share of the United States in the ocean 
postal service. He is by law charged with the duty of making a rate 
for the transmission of government telegrams and annually estab- 
lish a rate applicable to all government business, together with a 
schedule of uniform points for telegraph charges stating the rates 
to be charged at each in accordance with the distance charges which 
have been decided upon under agreement with the telegraph com- 
panies. He is required to keep the Auditor for the Post Office 
Department advised of all contracts and all orders of the department 
which may effect claims or accounts. 

He appoints the Assistant Attorney General for the Post Office 
Department, and directs the operations of certain special Assistant 
Attorneys. 

He may not be interested in any contract for carrying the mail 
and must report to Congress annually on the finances of the depart- 
ment. 

THE SECRETARY OF THE NAVY. 

The office of the Secretary of the Navy was established in 1798, 
and the Secretary is appointed by the President, by and with the 
advice and consent of the Senate, and receives a compensation of 
$12,000 per year. He ranks sixth in the order of precedence in the 



152 THE AMERICAN GOVERNMENT. 

cabinet. He administers the powers of the President as Com- 
mander-in-Chief of the Navy of the United States, and under such 
delegated powers can do all things pertaining to such superior com- 
mand. He is required by law to execute such orders as he shall 
receive from the President relative to the procurement of naval stores 
and materials and the construction, armament, equipment and em- 
ployment of vessels of war. He also is empowered to furnish naval 
equipments and vessels to nautical and other schools and to the 
naval militia of the various States. He is required to distribute the 
work of his department among eight bureaus, which, with the office 
of the Judge Advocate General, constitute the department. The 
general duties of the Secretary of the Navy consist in the oversight 
and direction of the operations of the bureaus, to which the various 
functions of the department are assigned. A very large amount 
of the routine work of the department is thus carried on without 
the direct intervention of the Secretary, who, however, con- 
stitutes a court of appeal in case of difference between the various 
bureaus, or of complaint of a private person having business with 
any of the departmental subdivisions. In time of peace the Secre- 
tary of the Navy has the general direction of the movements of 
the vessels of the Navy, as well as of the assignment of officers 
and men. He is also the medium by which the needs of the de- 
partment are presented to Congress, and controls within the limits 
of Congressional requirement and of the necessities of the service 
the expenditure for building new vessels, and for repairing those 
already built. The Secretary of the Navy also has jurisdiction 
over a portion of the colonial system of the United States, as the 
Island of Guam, as part of the former possessions of Spain, and 
that portion of the Samoan Islands alloted to the United States, 
are governed by naval officers who come under the jurisdiction of 
the Secretary of the Navy. The operations of the naval militia 
established by the several States is to a certain extent under the 
direction of the Secretary of the Navy, who disburses the appropria- 
tion made by Congress for the assistance of such bodies of militia, 
and who has the authority to loan such vessels and equipment as ■ 
may be available for the purposes of the organizations. The 



THE AMERICAN GOVERNMENT. 153 

Secretary of the Navy must make an annual report to Congress, of 
appropriations and expenditures with the probable demands upon 
such balances as may remain. A statement of all offers of con- 
tracts for supplies must be made annually, indicating those ac- 
cepted and those rejected, and a statement of all acts relating to 
the sale of vessels and materials during the year. 

In connection with the hydrographic office maintained in the 
Bureau of Equipment, the Secretary of the Navy is authorized to 
issue a Nautical Almanac, and maps, charts, and certain nautical 
books, to be sold at the price necessary to cover the cost of paper 
and binding, such sums to be placed to the credit of the Depart- 
ment for further publications. The Secretary of the Navy also 
has the supervision of the Naval Observatory in Washington, the 
head of which is a naval officer of the rank of Rear Admiral or 
Captain. 

Certain amounts accruing to the United States from prize money 
have been devoted by Congress to the accumulation of a pension 
fund for persons who have served twenty years in the Navy, the 
surplus to be applicable to certain cases after ten years' service. 
The merits of pension applications are passed upon by the Secre- 
tary of the Navy and, when favorably, acted upon, are warranted 
by him to the Commissioner of Pensions for payments from the 
Navy pension fund in accordance with law. 



THE SECRETARY OF THE INTERIOR. 

The office of the Secretary of the Interior was not established 
until the Federal Government had been in operation for more 
than half a century. The original organization, consisting of the 
Secretaries of State, Treasury and War, the Attorney General and 
the Postmaster General, had been added to shortly after the 
inauguration of the new government, by the separation of naval 
affairs from the War office, and in 1849 the operations relating to 
the sale and other disposal of public lands, and the affairs relating to 
Indian Tribes, had reached such proportions as to warrant a col- 
lection of the independent Bureaus and Commissions variously pro- 



154 THE AMERICAN GOVERNMENT. 

vided by law, into a separate Department which should have the 
administration of these and allied subjects, the new Department 
being termed the Department of the Interior, although all matters 
relating to interior affairs were not then, nor have they been since, 
exclusively under this Department. 

The chief duties of the Secretary of the Interior are to supervise 
the operations of the laws relating to pensions, to public lands and 
surveys, and to Indian affairs:. Until the establishment of the- 
Department of Commerce and Labor, the taking of the decennial 
census was under the direction of the Secretary of the Interior. 
The administration of the pension business of the government, in- 
cluding not only the pensions resulting from the Civil War, but 
the Revolutionary, Mexican and Spanish Wars as well, that is to 
say the pensions of the volunteers and of persons of the regular 
service, discharged on account of wounds or disabilities received 
while in the service, is carried on through the medium of a Com- 
missioner of Pensions, who is directly subordinate to the Secretary 
of the Interior, and who pays all pensions and adjudicates all claims 
except those to be paid for the Navy Pension. In addition to the 
pensions payable in money, the Secretary of the Interior has the 
administration of the bounty lands provided by Congress as a re- 
ward for persons who had service in the wars of the United States 
previous to the Civil War. The Secretary of the Interior acts a. 
final court of appeal in cases of pension applications which have 
been disallowed by the Pension Bureau. In connection with the 
practice before him, he has the power to regulate the professional 
conduct of persons practicing in the Department, and may for 
cause bar such persons from practicing in the Department. 

The affairs relating to the public lands, are administered through 
a Commissioner of the General Land Office, and the work of as- 
signing land to settlers under the homesstead law, of the sale of the 
lands, of the allottment of lands granted to soldiers and sailors, to- 
states for educational purposes, and to railroads, comes under the 
direction of the Secretary of the Interior, who in a similar manner 
to his function with relation to pensions is a court of final appeal! 
from acts of the Land Office adverse to the claimant or petitioner. 



THE AMERICAN GOVERNMENT. IS5 

The Secretary of the Interior directs all matters relating to the 
management of Indian Affairs, and all matters arising from Indian 
relations. This portion of the duties of the Secretary of the In- 
terior constitutes one of the most important of the functions of the 
Government. Throughout the history of the United States suc- 
cessive treaties have been made with the Indian tribes, most of 
them involving cessions of territory which then became a portion 
of the public lands of the United States, and were parcelled out 
among settlers in accordance with the general laws. The suc- 
cessive treaties contain various stipulations as to the payment of 
imdemnities and bounties both in money and commodities. As 
certain of these payments which were held for the benefit of the 
tribe as a whole, have accumulated, and with the increasing value 
of the lands still retained by the tribes, the administration of the 
affairs of the Indians has become one involving considerable 
amounts of money. Within the past few years there has been the 
development of a policy of segregating the tribal amounts, and of 
the payment to the individuals of their shares of the accumulations. 
The Secretary of the Interior until the completion of such segrega- 
tion, is the guardian of the financial affairs of all the Indians, and 
after the individuals of a tribe have secured the lands due to 
them, the guardianship of the Secretary of the Interior, is con- 
tinued for a certain period in order that the Indians of the country 
may not be dispossessed of their holdings. 

The Secretary of the Interior is also charged with the direction 
of the activities of the general government in reference to educa- 
tion. Through a Commissioner of Education he provides for the 
instruction of Indian children and of the children of the natives of 
Alaska, and is also charged with the collection and dissemination 
of general information on educational topics, and the details of 
the educational systems maintained by the several States. No 
provision for a national educational system having been made in the 
Constitution of the United States, the Federal Government is with- 
out power to include such work among its activities and can only 
exercise an advisory function in this respect, except among those 



156 THE AMERICAN GOVERNMENT. 

persons who are entirely under the control of the Federal Govern- 
ment. 

Since 1870 the Patent Office of the United States, formerly an 
independent Bureau, has been under the direction of the Secretary 
of the Interior, and all matters relating to patents and trade marks, 
but not to copyrights, are under the jurisdiction of the head of this 
Department. All contracts which are made by the Secretary of 
War, the Secretary of the Navy, and the Secretary of the Interior, 
must be made the subject of a return to the Secretary of the In- 
terior, where such returns are filed and indexed so that they may be 
readily examined by any person desiring access thereto, and copies 
of the returns are to be furnished to any person on demand, upon 
the payment of a fee for the work of copying, which fee is fixed 
by law. 

In connection with the disposal of the public lands, there is the 
necessity for an accurate survey and definition of boundaries of 
lands to be allotted. In addition to this definition of the boundaries 
of lands to be allotted, elaborate surveys are carried on under 
the direction of the Commissioner of the General Land Office above 
referred to. Besides these surveys there is a necessity for a 
thorough inspection of public lands, in order to secure a proper 
classification of them in accordance with their value, especially in 
reference to the mineral lands and timber areas. This work is 
carried out under the direction of the Secretary of the Interior by 
the Geological Survey, which in" addition to the functions noted, has 
the measurement of streams and the determination of the water 
supply of the United States, and especially the duty of reclaiming 
the arid lands of the United States by means of irrigation proj- 
ects now being undertaken. A provision was made in 1902, by 
which a fund was created for the work of reclaiming arid lands, 
the amounts expended to be returned to the fund by the proceeds of 
the sales of the lands made valuable by irrigation. The administra- 
tion of this fund and the prosecution of the successive works of 
reclamation, are under the direction of the Secretary of the In- 
terior. From time to time Congress has set aside certain sections 
of the public lands containing remarkable natural curiosities, to be 



THE AMERICAN GOVERNMENT. 157 

maintained perpetually as public parks. In addition, for the purpose 
of preventing the denudation of the lands of the West, with the con- 
sequent damage to subsidiary farming lands, forest reservations of 
large extent are made by Congress. All of these public reserva- 
tions were originally assigned to the jurisdiction of the Secretary 
of the Interior, but recently the forest reservations and the work of 
the Forest Service have been transferred to the Department of 
Agriculture, the Secretary of the Interior still retaining the super- 
vision of the other national parks. 

For many years the United States has been appropriating to the 
several States lands and funds, for the assistance of mechanical and 
agricultural colleges. The appropriations are disbursed by the 
Secretary of the Interior, who by virtue of such disbursement, has 
a general supervision over the operations of the colleges, to see 
that they come within the terms of the laws granting assistance. 
The Secretary of the Interior also has the supervision of the 
Government Hospital for the Insane in the District of Columbia, 
and certain other asylums and hospitals maintained in part or 
wholly by appropriations made by Congress. The Secretary of the 
Interior was formerly charged with the distribution of public docu- 
ments, but this function has been superseded by the appointment 
of a Superintendent of Public Documents under the direction of 
the Public Printer. An important class of public business coming 
under the direction of the Secretary of the Interior, is the considera- 
tion Indian depredation claims. Under certain conditions in 
which the United States was held to be responsible for the destruc- 
tion of property by the members of Indian tribes who were under 
treaty with United States, the Government has paid considerable 
amounts to persons suffering losses from this cause. The Secretary 
of the Interior was formerly charged with making findings on such 
claims but this function has recently been conferred upon the 
Court of Claims leaving to the Secretary of the Interior the details 
of preparing the preliminaries and preparing the evidence upon the 
part of the United States, the cases being conducted by the Depart- 
ment of Justice. 

The Official Register of the United States, containing the names 



158 THE AMERICAN GOVERNMENT. 

of every federal officer and employee, together with his compensa- 
tion and information as to his appointment, was formerly compiled 
by the Chief Clerk of the Interior Department under the direction 
of the Secretary of the Interior, but is now transferred to the Cen- 
sus Bureau of the Department of Commerce and Labor. The 
Secretary of the Interior signs requisitions for his Department for 
the money necessary for advances in anticipation of necessary pay- 
ments, or for the settlement of accounts subject to adjustment and 
control by the officers of the Treasury, and, of course, within the lim- 
its of .the appropriations made by Congress, and countersigns and 
records commissions of his subordinates ; is required to make annual 
reports to Congress, showing the amounts of all claims for damages 
on account^f Indian depredations, and also an itemized statement 
of the expenditures and payments on the account of the Indian 
affairs, for each fiscal year, and must also make detailed reports as 
to the expenditures for educational purposes. He is also required to 
furnish copies of papers relating to titles of lands granted or 
patented by the United States, and may sell the surplus of the 
various plats and maps printed in the course of the work of the 
General Land Office, at stated prices. 

The Secretary of the Interior has the authority to put into effect 
such rules as may be necessary to prohibit the sale of arms and 
ammunition in any district or county within the jurisdiction of the 
United States occupied by uncivilized or hostile Indians. 

The Secretary of the Interior has also, under the direction of the 
President, general supervision over the affairs of the territorial 
governments. The appointments of governors and other territorial 
officers are recorded in the Interior Department, commissions is- 
sued and countersigned by the Secretary, this function having been 
transferred from the State Department in 1873. 

THE SECRETARY OP AGRICULTURE. 

While it is not strictly true that the paternal operations of the 
Federal government began with the activities of the Department of 
Agriculture, a wider construction of the Constitution than that 



THE AMERICAN GOVERNMENT. 159 

which prevailed during the first half century of the history of the 
country is necessary to account for the many Federal activities that 
have been carried on under this Department. The first steps in 
paternalism were undoubtedly taken in the extension of the system 
of internal improvements in the early days of the development of 
the West, but the chief examples of direct legislation and appropria- 
tion for a special interest on the plea of the general welfare have 
been for the benefit of the Department whose Secretary was for 
years the junior member of the Cabinet. The Secretary of 
Agriculture is the successor and succeeds to the duties of a Com- 
missioner of Agriculture, which position was authorized in 1862. 
The Department of Agriculture as organized under a Commissioner 
was established as an Executive Department in 1889 and the new 
Secretary was charged with the duties of the former Commissioner 
and other duties have been added from time to time until they in- 
clude something with relation to nearly every matter of food supply. 

The original provision of the duties of the Secretary was as fol- 
lows : "to acquire and to diffuse among the people of the United 
States useful information on subjects connected with agriculture in 
the most general and comprehensive sense of that word, and to 
procure, propagate and distribute among the people new and 
valuable seeds and plants." The Secretary of Agriculture is ap- 
pointed by the President by and with the advice and consent of the 
Senate, and receives a salary of twelve thousaid dollars a year. He 
is eighth in rank and has the usual powers and prerogatives besides 
those specifically granted by law, having jurisdiction over the de- 
partmental seal, commissions of officials, buildings, property, etc. 

Under subseqent acts of Congress to that before cited, the 
Secretary of Agriculture has been given jurisdiction over 
entomological investigations as the result of the inquiry into the 
grasshopper devastations; over the preservation of game birds and 
their restoration in districts where they had become extinct; is 
authorized to make monthly reports on the crop conditions of the 
country; to investigate and report upon the condition of the do- 
mestic animals of the United States; is authorized to tests seeds 
oflfered for sale in the open market and to report on adulterations 



i6o THE AMERICAN GOVERNMENT. 

and substitutions; to provide a large quantity of seeds, bulbs and 
cuttings for distribution to the constituents of Senators and 
Representatives in Congress ; to carry on the inspection and regula- 
tion of oleomargarine and dairy products and to inspect meat 
destined for export, and for the interstate trade and to enforce the 
pure food law. 

In the administration of his department he is given a wider dis- 
cretion in the matter of employment of services than any of the 
other Secretaries. While most of the Departments are restricted to 
employment of persons specifically appropriated for, and in only a 
few of them are lump sum appropriations made available for per- 
sonal services, the Secretary of Agriculture has under his con- 
trol a number of lump sum appropriations from which he rriay em- 
ploy scientists and field workers, although there is a tendency to 
restrict this privilege and provide employment only for persons 
actually estimated and appropriated for. 

Special provision is made for the publication of the annual report 
of the Secretary of Agriculture which is made up to a considerable 
degree of the results of the investigations of the Department during 
the year covered. A large edition, frequently handsomely illus- 
trated is authorized by Congress, the copies of which are distributed 
by allotment to members and in turn sent out to their constituents. 

Under the personal supervision of the Secretary in addition to 
the administration of the general departmental affairs are matters 
relating to the agricultural experiment stations. These stations are 
supported by annual appropriations by Congress from the proceeds 
of the sale of public lands and the Secretary of Agriculture is 
charged with general advisory duties relating to them, with direct- 
ing the course of their experiments within the lines laid down by 
statute law and with compiling and tabulating the results of their 
experiments and observations and with disseminating useful in- 
formation derived from this source. He has also control of the 
quarantine laws relating to the importation and transportation of 
diseased cattle and is charged with the duty of making rules and 
developing means for preventing infection and for stamping out 
disease. When made possible by the laws of any state, the Secretary 



THE AMERICAN GOVERNMENT. i6i 

of Agriculture is authorized by the general government to carry on 
operations within that state for the extinction of a contagious dis- 
ease and is charged by law with the responsibility of preventing by 
quarantine rules the transportation of animals affected by the 
epidemic into neighboring states. The Secretary of Agriculture 
has also under his persona] charge the execution of the laws which 
prohibit the importation of noxious animals whose appearance and 
increase in the United States would be prejudical to agriculture and 
to native birds and animals of value. In addition he executes the 
law prohibiting the interstate transportation of birds and animals 
killed in violation of state game laws. 

THE SECRETARY OF THE DEPARTMENT OF COMMERCE AND LABOR. 

The theory of the establishment of the Agricultural Depart- 
ment, devoted to the interests of a particular class of the citi- 
zens of the United States was that agriculture was the basis of 
all national prosperity and that the legislation which provided 
for the dissemination of agricultural knowledge was in fact gen- 
eral legislation in an indirect form, even though a particular in- 
terest might be the direct beneficiary. Other interests have 
regarded agriculture as especially favored and agitation has 
resulted first in a Department of Labor, under the direction of a 
commissioner and devoted to the interests of wage workers, 
and then in an Executive department having duties in relation 
to many different interests of manufacturing and commerce, 
and with the title of the Department of Commerce and Labor. 

The purpose of the constitution of the new department as 
stated by the law under which it was formed in 1903 is to "fos- 
ter, promote and develop foreign and domestic commerce, min- 
ing, manufacturing and shipping industries, labor interests and 
transportation facilities." 

Under this law the Secertary of the Department of Commerce 
and Labor is provided at a salary of $12,000 a year, to be ap- 
pointed by the President by and with the advice and consent of 
the Senate, and having the usual prerogatives of a secretary, 
including the establishment and custody of a seal, control of the 
property and records of the department and such other powers 



i62 THE AMERICAN GOVERNMENT. 

as may be expressed, implied or customary with reference to a 
Secretary. The body of law referring to the department con- 
sists mainly of the original act under which the powers exer- 
cised by other Secretaries and by Commissioners were trans- 
ferred to the Secretary of the new department. One specific 
authority is given which is rather novel, namely, the right to 
employ special agents at a compensation of ten dollars a day 
and travelling expenses to make reports on trade conditions at 
home and abroad on general and roving commission. 

Specific duties of the Secretary of Commerce and Labor are 
largely such as he himself may care to undertake. Various 
bureaus were transferred from other departments of the Gov- 
ernment, especially from the Treasury Department, and various 
independent offices were consolidated under the direction of 
the new Secretary upon the constitution of the Department of 
Commerce and Labor in 1903. Among the bureaus thus laid un- 
der his direction are so many of different functions and classes 
of work that any Secretary of this department may, according 
to his particular and personal taste, take up one of several lines. 
Thus, for example, the Secretary may personally direct the 
work of the Bureau of Corporations in investigating and laying 
the foundation for a system of regulating the corporations do- 
ing interstate business under charters from the individual State. 
Or he may pursue the line which was laid down as that on 
which the department was to progress when its institution was 
advocated in Congress; namely, the co-ordination of the prod- 
ucts of the American manufacturers with the demands of the 
market of the world. As it was stated that the position was 
intended, the Secretary of Commerce and Labor was to be the 
great promoter of the introduction of American manufactures 
and products in competition with those of other nations. If, 
however, neither of these appeal to the taste of the Secretary 
of Commerce and Labor and he is not fond of the opportuni- 
ties of excursions which the vessels of the light-house service 
afford, he may become the chief directive activity in relation 
to immigration affairs, and may constitute himself either the 



THE AMERICAN GOVERNMENT. 163 

bulwark of the country against an undue influx of foreign 
population or may ameliorate the severity of the immigration 
laws so that large numbers of ambitious residents of foreign 
lands may secure the advantage of homes within the United 
States. In all of these matters he may suit his own tastes and 
convenience for the reason that his especial interest in one of 
the branches of the activities of the department will not in any 
wise interfere with the successful conduct of the others. Each 
-of the subdivisions of the Department of Commerce and Labor 
has its own responsible experienced and expert head who is 
able to continue the successful operation of the bureau under 
his charge with a minimum of attention from the Secretary. 
It is even quite possible that the head of such a bureau would 
welcome the interest and activity of the Secretary in regard 
to the affairs of another bureau than his own, provided always 
such lack of interest was not permitted to have its effect in di- 
minishing the Secretary's annual estimates for appropriations. 

For the foregoing reasons, the activities of the Department 
of Commerce and Labor may be approximately described 
under the heading of the departmental organization than in con- 
nection with the duties of the Secretary. There is, however, 
one aspect of the work of the department which is not under a 
particular bureau, but comes directly under the Secretary him- 
self. It is the care of the Alaskan salmon and seal fisheries. In 
order to prevent serious waste and the resulting exhaustion of 
these two sources of national wealth stringent laws have been 
made by Congress including the provision for licensing certain 
persons to take the product of these fisheries. The Secretary of 
Commerce and Labor, through special agents, whose duties are 
elsewhere described, exercises direct control over these matters 
and is charged with the responsibility of seeing that these fish- 
eries are properly conserved for the benefit of future genera- 
tions. The Secretary of Commerce and Labor is charged with 
the supervision of the various reports and compilations re- 
quired by law from the bureaus under his direction, and may also 
direct such special reports and investigations as he may deem to 



i64 THE AMERICAN GOVERNMENT. 

be desirable or which may be directed by the President or the 
Congress. 

ASSISTANT SECRETARIES OF DEPARTMENTS. 

At the point of the Assistant Secretaryships of the depart- 
ments, the phenomena of the personal equation, the influence of 
the individual in administration begins and continues through 
the list of directive officials. The grand divisions of the govern- 
mental functions have their limits fixed by the logical scope of 
each or by the direct action of the legislative branch of the gov- 
ernment, but within these divisions, the many forms of activity 
are divided and directed by means which nowhere appear in the 
statute books and by no means completely and comprehensively 
in the departmental regulations. Personal initiative, time of 
service, tradition, chance, a dozen causes dictate the location 
of the details of the business of the department in certain hands 
and as circumstances change, so frequent and considerable 
changes are made in the relative importance of the various di- 
rective positions. 

It would be almost impossible to state closely the nature of 
the power and functions of the Assistant Secretaries of the 
departments in an impersonal way because they depend so large- 
ly upon the personality of the individual occupying the posi- 
tion for the time being. While in most of the departments certain 
sections of the work are assigned to the Assistant Secretary or 
Secretaries, the line of demarcation is constantly changing and 
the fact that in the absence of the Secretary the Assistant acts 
as the Secretary, has a tendency to cause a gradual accumula- 
tion of details toward the functionary who is the longer in 
office of the two so alternating or who is more frequently called 
upon to take the formal action on details that constitute the 
chief portion of the secretarial routine. In other words, a 
strong man of close application in the position of Assistant Sec- 
retary tends to gather about him a considerable portion of the 
actual work and power of the department, while the contrary is 
true of the more or less transient incumbent who does not seek 



THE AMERICAN GOVERNMENT. 165 

additional responsibility to that directly imposed upon him by 
regulation or by direction of the Secretary. 

The general description of the duties of the Assistant Secre- 
tary in any department would be that he is to take such portion 
of the work of the Secretary as the latter may deem to be for his 
best assistance and in the absence of the Secretary to act as the 
head of the department. There is, in the practical working, a 
considerable difference, however, in the relative position of an 
Assistant Secretary in the respective departments, and, while 
in some instances, the Assistant is in close touch with general 
departmental details, in others the Assistant is practically the 
liead of a more or less detached section without close affiliation with 
the department itself. 

There are no perquisites and privileges attached to the posi- 
tions of assistant secretary similar and subordinate to those 
which attach to the position of the head of the department. 
While the latter is allowed a carriage and its appurtenances, 
this perquisite is specifically denied to assistants through a pro- 
vision of law which forbids the use of public money for such 
purpose, and the prohibition is strengthened by a requirement 
that all public vehicles of every kind except the Secretaries' car- 
riages, shall be marked with the name of the department to which 
they are attached, with the idea of preventing all but absolutely 
official use of the government's horses and vehicles. 

The assistants to the Postmaster General and the Solicitor 
General and other assistants in the Department of Justice, have 
similar duties to those of the titular Assistant Secretaries, but 
as they are more closely connected with the details of sub-or- 
ganization their duties will be described under the heads of the 
respective departments. 

THE ASSISTANT SECRETARY OF STATE. 

Although there are three Assistant Secretaries in the State 
Department, the ranking officer of the three is not styled the 
First Assistant, but is the Assistant Secretary solely, the dis- 
tinction marking the subsidiary nature of the Second and Third 



i66 THE AMERICAN GOVERNMENT. 

Assistants, apparently, as it is strictly insisted upon. The As- 
sistant Secretary of State is regarded as a secondary Secretary 
of State, and the actual Assistant of the head of the department. 
The other Assistant Secretaries, though they may on occasion 
become Acting Secretaries, are not regarded as having the pow- 
ers and discretion with relation to the more important matters 
of the department that is vested in the Assistant. The Assist- 
ant Secretary of State is appointed by the President, by and 
with the advice and consent of the Senate and receives a com- 
pensation of $4,500 a year. In the absence of the Secretary he 
assumes the full powers of the office of Secretary of State and at 
other times receives by delegation the administration of such 
of the Secretary's duties as may be allotted to him . A portion of 
his duties relate to the consular services and he has charge of 
the details of selection of consular appointees, of change in their 
assignments and of questions relating to their discipline and 
the conduct of their offices. He also has similar functions with 
relation to transfers and discipline in the diplomatic branch of 
the service, subject, however, to the closer scrutiny of the Sec- 
retary himself than in the case of the consular service. As it is 
not frequent that both the Secretary and Assistant Secretary 
are away from the department at the same time, a considerable 
share of the determination of important matters comes to the 
Assistant Secretary, and if he should be absent from Washing- 
ton and one of the Secretaries of lower rank should be 
acting, the definition of policy on any important matter in the 
absence of the Secretary of State from easy communication, 
would be referred to him. Many matters relating to the diplo- 
matic negotiations are referred to him also, and he take<? an act- 
ive part in the foreign negotiations. 

In addition to the above duties, the Assistant Secretary of 
State has also general supervision over the various offices and 
bureaus of the department under the direction of the Secretary 
since both of the other Assistant Secretaries have specific duties 
assigned to them which have no bearing on the miscellaneous 
work of the department, so that the Assistant is, in reality, the 



THE AMERICAN GOVERNMENT. 167 

executive officer and right hand man of the Secretary of State. 
All of the Assistant Secretaries of the State Department re- 
ceive equal salaries, $4,500 per year, and are appointed by the 
President by and with the advice and consent of the Senate and 
have the same legal powers as the Secretary when called upon 
to act as the head of the department. 

SECOND ASSISTANT SECRETARY OF STATE. 

The truth of the general statement that the character of the 
duties assigned to Assistant Secretaries is largely dependent on 
personality, on length of service and upon particular experience, 
is especially borne out by the character of the duties of the 
Second Assistant Secretary of State. The present incumbent, 
who, subject to human limitations, is a permanent occupant of 
the office, stands in the position of diplomatic expert, though 
no provision has been made by law for such an official and none 
of such duties have been prescribed. Those functions of the 
Secretary of State which relate to diplomatic correspondence, 
to drafting of treaties, conventions and other similar State 
papers, have, because of the entire familiarity of the present 
incumbent with the whole of the diplomatic traditions and pre- 
cedents of the United States come to be entrusted to him for 
preparation, subject, of course, to the direction of the Secretary 
as to policy. 

THIRD ASSISTANT SECRETARY OF STATE. 

The Third Assistant Secretary of State has specific duties as- 
signed him in the direction of the details of the Consular Serv- 
ice outside of the appointment and disciplinary details. These 
duties include the immediate supervision of the consular cor- 
respondence and of correspondence relating to consular affairs, 
and the direction of the auditing system of consular accounts 
and of such other accounts as may be submitted to the Third 
Assistant Secretary by the Secretary of State The annual esti- 
mates for the expenses of the Consular Service are made up by the 
Third Assistant and he is also empowered to sign the vouchers for 
the expenditures of the department generally. 



i68 THE AMERICAN GOVERNMENT. 

ASSISTANT SECRETARIES OF THE TREASURY. 

There are three Assistant Secretaries of the Treasury who 
are, so far as statutory provision goes, on an equality as to their 
importance, their compensation and the nature of their duties. 
No distinction was made in the law which established the posi- 
tions, except that at first two Assistant Secretaries were pro- 
vided for and that a third was added to the number at a later 
date. The method of appointment is identical, by the President 
by and with the consent of the Senate, and the compensation of 
the office in each case is the same, $4,500 a year. The duties of 
Assistant Secretaries of the Executive Departments are in most 
cases defined in very general terms, namely, that they shall be 
such as the Secretary of the Department or the law m.ay pre- 
scribe. Few or no provisions are made as to specific duties. The 
statute is more explicit as to the Assistant Secretaries of the 
Treasury Department, who are required to examine the letters, 
contracts, and warrants which have been prepared for the sig- 
nature of the Secretary of the Treasury. The official mail of 
the latter is voluminous and this provision is intended to obvi- 
ate the necessity on his part of doing more than affixing the offi- 
cial signature to a large portion of the mail. A certain amount 
of relief is, however, afforded the Secretary in a further pro- 
vision that he may designate one of the Assistant Secretaries 
to sign warrants for the payment of money into and from the 
Treasury of the United States and it is provided that such a 
signature shall have the same validity as that of the Secretary 
himself. 

While no order of rank is assigned by law to the several As- 
sistant Secretaries of the Treasury Department, the Assistant 
Secretary who is charged with the details relating to the cur- 
rency is understood to be the ranking official, followed by the 
Assistant Secretary having charge of the customs matters, 
while the Third Assistant in point of rank has charge of the 
miscellaneous bureaus. The assignment of the various branches 
of the departmental activities is made entirely by the Secretary, 
but the arrangement herein given is generally followed with 



THE AMERICAN GOVERNMENT. 169 

minor re-arrangements, and while an incoming Assistant Secre- 
tary would generally take up the work of his predecessor, the su- 
perior political importance of the newcomer might lead to his 
installation in a higher relative rank, or the superior experience 
of a lower Assistant might lead to his promotion to the higher 
place and a new appointment to the lower position. 

The arrangement of duties at the present writing, is as follows, 
it being understood that the classification before-mentioned is 
followed: In the first division are included matters relating to 
the preparation and issue of currency, including those under the 
office of the Director of the Mint and the Bureau of Engraving 
and Printing. As an incident to this, the Secret Service division 
comes under the control of this Assistant Secretary. The issue 
of currency and the administration of the loans to the United 
States are combined under one division of the Treasury Depart- 
ment and come under this Assistant, who is also charged with 
the direction of the general bookkeeping of the department and 
of the issue of warrants through the Division of Bookkeeping 
and Warrants, this being incidental to the jurisdiction of the 
administration of public moneys by the appropriate division, 
which is also included under the authority of this Assistant. In 
general, this Assistant has to do with the administration of the 
functions of the Treasury Department which are germane to the 
science of banking or of the conservation and payment of money 
as opposed to the collection of income. In addition he is charged 
with the administration of the personnel of the department in 
the District of Columbia, that is, the service of the department 
proper, and has charge of all official communications relating to 
or making appointment, removals, or changes in compensation of 
persons serving the department within the limits of the capital, 
and has charge of the supplies of the department in the line of 
printing and stationery. 

The second division comprises one of the two chief methods 
of securing an income for the support of the government of the 
United States. All matters relating to the customs service are 
placed under the direction of this Assistant and he has the ad- 



170 THE AMERICAN GOVERNMENT. 

ministration of the laws passed primarily for the discouragement 
of the importation of foreign articles which would compete with 
articles of domestic manufacture, but which secondarily provide 
for raising a large proportion of the sum necessary to meet the 
expenses of the government from a tax on imported articles. In 
the administration of the customs laws, this Assistant has juris- 
diction over the Division of Customs and the Division of Special 
Agents. The former relates to the details of collection of im- 
port duties, including the direction of the large number of col- 
lection officials at the various ports and on the frontiers, and 
also to the determination of the many and vexed questions which 
are constantly arising as to the amounts due on various classes 
of imports. While there is machinery devised by law for the 
equitable determination of customs disputes, a very large class 
of decisions come up for the decision of this Assistant who finds 
the administration of the customs an ample occupation without 
additional charges. 

To the other Assistant Secretary is assigned a diversity of in- 
terests having to do with the immediate department and also 
with the collection of a part of the national income. For the 
department he has supervision of the office of the Chief Clerk and 
Superintendent who has charge of the personnel of the care 
takers of not only the department building in Washington, but 
of the Federal buildings throughout the United States. For the 
department also he has the supervision of the Division of Mail 
and Files which attends to the outgoing and incoming mail of the 
department and makes the proper record and distribution. While 
directing the administration of buildings after completion he has 
also direction through the office of the Supervising Architect of 
the plans and erection of public buildings and of the work of 
keeping them in repair. He also supervises a portion of the in- 
come-collection in having direction of the Office of Internal Rev- 
enue and has charge of the military side of the Treasury Depart- 
ment, which consists of the Revenue Cutter Service, which is the 
force employed for the suppression of smuggling and for the or- 
derly keeping of the immediate waters of the United States and 



THE AMERICAN GOVERNMENT. 171 

which has as co-ordinate services the Public Health and Marine 
Hospital Service and the Life Saving Service, both of the latter 
being designed for the preservation of the welfare and life of the 
personnel of the merchant marine. 

Specific directions as to the method of executing their duties 
are given by the Secretary to the Assistants under the following 
requirements which are here summarized. All official communi- 
cations on subjects relating to the divisions assigned to them ex- 
cept those relating to personnel outside of Washington and to 
modification of methods and those which are required by the 
law to be signed by the Secretary are to be signed by the As- 
sistants. This means that they are to transact business relating 
to the divisions under them at their own discretion with the ex- 
ceptions named. Matters relating to personnel and to modifica- 
tions of methods of conducting business must be forwarded to 
the Secretary for signature, but no other person can prepare let- 
ters for the Secretary's signature on matters relating to person- 
nel coming within an Assistant Secretary's jurisdiction without 
referring such letters to the Assistant or forwarding them 
through him to the Secretary. Matters for which the Secretary's 
signature is required by law must by statute be examined by one 
of the Assistant Secretaries, but no distinct delegation of power 
to sign warrants appears in the current circular except that the 
Assistant Secretaries are given power to sign orders and approve 
vouchers for purchases payable from appropriations for contin- 
gent expenses. The only restriction as to the control of general 
business, however, not otherwise specifically provided for, is con- 
tained in the reservation by the Secretary of the prerogative of 
signing all letters addressed to the President, the Vice-President, 
the members of the Cabinet and to the Congress or its commit- 
tees, as well as all regulations and general instructions affecting 
the public service. 

THE ASSISTANT SECRETARY OF WAR. 

Possibly no Assistant Secretary in Washington has assigned 
to him as his regular duties affairs of a similar magnitude to 



172 THE AMERICAN GOVERNMENT. 

those assigned to the Assistant Secretary of War. The considera- 
ble and diverse interests which have in the past few years been 
added to the purely military functions of the War Department 
have caused a re-division of the duties of the Secretary of War 
in which the purely military details have largely been assigned 
to the Chief of the General Staff, while to the Assistant Secretary 
of War has been assigned those matters in which the civil and 
military aspects are united and which do not relate solely to de- 
partmental matters. 

Under the division of the duties of the office of the Secretary 
of War, while final action with regard to policies and which 
would change precedents and established regulations is reserved 
by the Secretary of War, the Assistant Secretary is given juris- 
diction over the following matters : 

Details relating to the recruiting of enlisted men and to their 
discharge from the service and those relating to courts-martial 
and discipline of enlisted men, to commutation of quarters and 
of rations and of matters generally relating to the relations of 
enlisted men with the department, including clemency for mili- 
tary prisoners and medals of honor and certificates of merit for 
service. 

Matters relating to boards of survey convened under the regu- 
lations for the disposition of government property come under 
the jurisdiction of the Assistant Secretary, who also directs the 
sales of quartermasters' stores and articles of subsistence to civ- 
ilians, such sales being authorized by law to employees of the 
department and other governmental officials at a distance from 
sources of usual commercial supply. 

The large and growing details of the establishment, mainte- 
nance and increase of the different military posts of the army in 
the United States and island possessions come under the As- 
sistant Secretary, who has the regulation of the expenditure for 
such purposes, and has also the authority to grant permits for 
the occupation of land under the control of the War Department, 
whether in connection with such posts, or in connection with the 
reservations belonging to the United States in the District of 



THE AMERICAN GOVERNMENT. 173 

Columbia or elsewhere which have been placed by law under the 
direction of the War Department. 

The power vested in the War Department to control the navi- 
gable waters of the United States, so that no obstruction shall 
be placed in the path of commerce and the details of this super- 
vision are also placed under the control of the Assistant Secre- 
tary, who decides upon the location of bridges and their con- 
struction, as to whether they come within the limitations estab- 
lished by Congress in any empowering acts and upon the loca- 
tion and effect of retaining walls, wharves, piers, or other struc- 
tures which may encroach upon navigable waters or are likely to 
change the character of navigable channels in rivers, tideways or 
lakes. 

All matters relating to the militia and national guard of the 
United States, including equipping and training of the volunteer 
forces so that they may be an effective part of the army of the 
United States in case of war are under the jurisdiction of the 
Assistant Secretary, and he has also the inventory and inspection 
reports of the regular army under his direction. 

The very considerable provisions made by the Congress for 
marking the sites of battlefields of the Civil War, including the 
operations of the several commissions established for this pur- 
pose, are under the direction of the Assistant Secretary, who has 
also the charge of the various national cemeteries. 

With relation to the operations of the department, the As- 
sistant Secretary has jurisdiction over open market purchases 
for the army, miscellaneous claims and accounts, calls for infor- 
mation or for papers from the files of the department and au- 
thentication of the signatures of bureau chiefs. He has joint di- 
rection with the Secretary of War over the office of the Chief 
Clerk of the Department and the details of the immediate de- 
partmental organization and signs all requisitions on the Secre- 
tary of the Treasury, letters to Congress, transmitting routine 
reports and letters to heads of Executive Departments relating 
to subjects within his own jurisdiction. 



174 THE AMERICAN GOVERNMENT. 

THE ASSISTANT SECRETARY OF THE NAVY. 

It has been the theory during considerable periods of the his- 
tory of the United States that the assistance afforded to the Sec- 
retary of the Navy could best take the form of advice by techni- 
cally trained officers serving under the department, generally 
officers of the line of the navy. Under this theory there have 
been at intervals single naval assistants or boards of officers, and 
during at least one period the functions of the Secretariat were 
in commission under a board of officers. During the Civil War 
there was provision for an Assistant Secretary and a gentleman 
was appointed who had formerly been a naval officer and who 
served with signal success. The present position of Assistant 
Secretary of the Navy was established by the act of July ii, 
1890. His duties were fixed in 1891 as being such as might be 
prescribed by the Secretary of the Navy or required by law. He 
is appointed from civil life by the President by and with the ad- 
vice and consent of the President and receives a compensation 
of $4,500 per annum. 

His duties as prescribed by the Secretary of the Navy are as 
follows : 

He has charge of matters relating to the naval militia of the 
various States, under which function he allots and distributes the 
appropriation made by Congress for the support of these bodies, 
and also has charge of the allotment of vessels of the navy to 
such organizations for practice purposes. He receives the re- 
quired reports and takes such steps as he may deem to be advis- 
able for the promotion of the efficiency of the organizations. 

He acts upon all applications from private parties for the gift 
or loan of public property under the control of the department, 
but has no power, of course, to permit such gift or loan except 
under the requirements of law, so that the matter is largely re- 
stricted to the loans made for exposition purposes under the acts 
of Congress, to the loan of condemned ordnance and to the de- 
termination of the propriety of the assignment of ships and men 
of the navy to be present at celebrations or other public occa- 
sions on request of States or municipalities. 



THE AMERICAN GOVERNMENT. 175 

He has the very important function of passing on all repairs to 
be made to ships of the navy and of prescribing where and how 
they shall be made. In furtherance of this function he is required 
to inspect vessels in commission and the navy yards and naval 
stations as far as may be practicable and to make reports thereon 
to the Secretary of the Navy. 

He authorizes all advertisements inserted on behalf of the de- 
partment and in a preliminary way determines on the qualifica- 
tions of candidates for commissions in the stafif corps of the 
navy and in the Marine Corps when appointments are to be 
made from civil life. He does not finally pass upon their quali- 
fications, but picks out from the list of applicants those who 
seem to be best calculated to pass the required examinations, the 
favorable recommendation of an examining board being required 
in every case. 

The duties prescribed by law are that in the absence of the 
Secretary of the Navy he shall perform the duties of the Secre- 
tary, and while occupying such a position he has all the powers 
and prerogatives which are conferred on the Secretary by law 
or by his delegated authority from the Commander-in-Chief, the 
President of the United States. The specific functions above 
mentioned are carried out over the signature of the Assistant 
Secretary, as such, but other functions relating to the depart- 
ment" are exercised in the absence of the Secretary not as Assist- 
ant Secretary but as Acting Secretary. 

FIRST ASSISTANT SECRETARY OF THE INTERIOR. 

In direct opposition to the practice in the State Department, 
the ranking Assistant Secretary of the Interior is given a num- 
ber, namely, First Assistant Secretary, while the junior officer is 
styled the Assistant Secretary. The salary of the office was for 
years $6,000, but the additional $1,500 provided, was only to be paid 
during the term of the First Assistant who retired in the fall of 1907, 
so that the salary becomes the same as that of other Assistant 
Secretaries. The First Assistant is appointed by the President by 
and with the advice and consent of the Senate and is required to^ 



176 THE AMERICAN GOVERNMENT. 

perform such duties as may be prescribed by the Secretary or may 
be required by law. Under the old law the President was empowered 
to appoint an Assistant Secretary of the Interior to sign land patents, 
but this has been superseded by the provision of an Executive Clerk 
for this purpose. 

It is probably true that individual cases in the routine of the 
Interior Department come more closely to the Secretary and his 
immediate representatives than is the case in other departments, 
A large proportion of the business of the department consists of 
the definition of the provisions of law and the Secretariat of the 
Interior constitutes a court of appeal to which a very large num- 
ber of cases are carried. The duties of the First Assistant Secre- 
tary relate, broadly, to the administrative details and decisions 
on appeal of territorial and Indian affairs. All matters relating 
to the government and control of the territories coming under the 
department are assigned to him and under Indian affairs he has 
charge of allotments in severalty, being the distribution of tribal 
lands and moneys ; review of contracts for attorneys for the In- 
dians to safeguard their interests against unreasonable claims 
for legal services in prosecuting claims before the department; 
matters relating to claims for damages on account of destruction 
of property by Indians in forays from reservations and on ac- 
count of other Indian depredations recognized by Congress as 
establishing a liability on the part of the United States; the su- 
pervision of the amounts paid by the government as annuities to 
Indians in accordance with treaty stipulation and the invest- 
ments resulting from unused surplus. He has charge also of con- 
tracts for Indian supplies and of the details of open market pur- 
chases and renting warehouse accommodations outside of Wash- 
ington. 

The First Assistant Secretary has supervision of matters relat- 
ing to the administration of Indian lands, such as the removal of 
intruders, the review of deeds and leases, the rights of railroad 
companies through and on such lands, the survey of the lands 
and the rights of Indians thereto, including the construction of 
the terms of Indian treaties. The First Assistant Secretary has 



THE AMERICAN GOVERNMENT. 177 

also the details relating to the management of the National Park 
reservations, the Yellowstone, Yosemitc, Grant, Sequoia, Mt. 
Rainier, Crater Lake and Wind Cave parks, for the purpose of 
retaining the natural curiosities thus impounded in their pristine 
condition and for preventing depredations thereon. 

He also takes a considerable portion of the management of the 
immediate department, besides acting as Secretary in the absence 
of the Secretary of the Interior and has charge of leasing build- 
ings in the District of Columbia for the use of the department, 
making contracts for supplies and service ; signs requisitions for 
treasury warrants, passes on the correctness of official bonds and 
bonds for the fulfilling of contracts and handles all matters relating to 
leaves of absence except in regard to the thirty days' annual leave 
provided for by law. 

With reference to the public lands he has charge of the details 
of repayment of money for lands erroneously sold to individuals 
out of specific allotments made by law and of payments of cash 
indemnity for swamp lands diverted from grants made to States. 
He has also charge of matters relating to land scrip or evidence 
of right to an allotment of the public lands on account of military 
service and in accordance with the general provisions of law, 
such scrip being accepted in lieu of cash in payment of amounts 
due for land finally located. 

THE ASSISTANT SECRETARY OF THE INTERIOR. 

The position of Assistant Secretary of the Interior was first 
established by appropriation in 1886 and is continued by annual 
appropriation without specific establishment of the position. No 
distinct provision is made as to the manner of his appointment 
and his salary is fixed at $4,500 per annum. He is, however, ap- 
pointed and confirmed in a similar manner to other assistant sec- 
retaries and has the usual functions, acting as Secretary of the 
Interior in the absence of the Secretary and Assistant Secretary. 
He exercises a considerable part of the functions of the Secretary 
with reference to appeals, having charge of appeals in pension 
and bounty land cases, and appeals from administrative action of 



178 THE AMERICAN GOVERNMENT. 

the Commissioner of Patents. He is also charged with the su- 
pervision of the Pension Appeal Board and of correspondenpe 
relating to the business of the Patent Office. In connection with 
hearings before the department he has charge of matters relating 
to admission to practice and disbarment of attorneys before the 
department and of the regulation of fees. He is also charged 
with inaugurating and conducting proceedings for the prosecu- 
tion of violations of the pension laws and has charge of the quar- 
ters of pension agencies outside of Washington. 

The Assistant Secretary has charge of the institutions in the 
District of Columbia directed by the department, including the 
Columbia Institution for the Deaf and Dumb, the Freedmen's 
Hospital, the Government Hospital for the Insane and has 
charge of the education of the blind in the District of Columbia. 
He also administers the departmental matters relating to agri- 
cultural colleges in the different States which have received 
grants of public lands and supervises the business of the Bureau 
of Education. For the department he has the supervision and 
approval of expense accounts of inspectors, special agents, spe- 
cial examiners, pension agents and other officers and of all trans- 
portation accounts and approves request and vouchers for adver- 
tising. 

ASSISTANT SECRETARY OF AGRICULTURE. 

The position of Assistant Secretary of Agriculture was estab- 
lished by the law of 1889, which constituted the department, then 
under a commissioner, as one of the Executive Departments. Defi- 
nite division of a portion of the duties of the execution of the af- 
fairs of the department have not been made by law, or by de- 
partmental regulation. The general requirement that the Assist- 
ant Secretary shall perform such duties as may be prescribed by 
law or required by the Secretary is strictly carried out, and as 
there are no duties as Assistant Secretary required of the func- 
tionary by law, his duties in the presence of the Secretary are 
those which are delegated to him from day to day by the head of 
the department. In the absence of the Secretary he becomes 



THE AMERICAN GOVERNMENT. 179 

Acting Secretary and exercises all the powers and prerogatives 
of the Secretary, subject, of course, to the Secretary's known 
wishes in matters of policy. His direct subordination in the mat- 
ter of departmental duties was emphasized by a recent appropria- 
tion act, which re-enacted the general terms of the former act. 
The Assistant Secretary of Agriculture occupies an office ad- 
joining that of the Secretary and all matters are referred to the 
Secretary, who transfers such matters as he deems best to the 
Assistant Secretary for consideration. The Assistant Secretary 
of Agriculture is appointed by the President, by and with the ad- 
vice and consent of the Senate and receives $4,500 per annum as 
compensation. 

ASSISTANT SECRETARY OF THE DEPARTMENT OF COMMERCE AND LABOR. 

The Assistant Secretaryship of the Department of Commerce 
and Labor resembles that of the Agricultural Department and dif- 
fers from most of the similar positions in the Executive Depart- 
ments in that no specific part of the departmental duties are as- 
signed to it for independent or semi-independent action. The 
position was established by the act creating the department in 
1903 and the duties are defined to be such as may be prescribed 
by the Secretary or required by law. No departmental regula- 
tion has been made fixing the duties of the Assistant Secretary, 
who shares with the Secretary the work of administering the 
executive details of the department and who, in the absence of 
the Secretary acts as Secretary under the usual provisions as to 
power and the usual limitations as to general departmental 
policy. The position pays more money than any of the others, 
namely, $5,000 a year. The appointment is made by the Presi- 
dent and there is no requirement that it shall be by and with the 
advice and consent of the Senate. Although no definite declara- 
tion of policy on the subject is made, the Assistant Secretary is 
generally named as chairman and directive head of investigating 
and other similar boards on matters relative to the work of the 
department, and conducts the greater part of the work relating to 
the routine administration of the department and the supervision 
of the various bureaus. 



.i8o THE AMERICAN GOVERNMENT. 



CHAPTER VII. 

THE JUDICIARY. 

The remarks which have been made in the chapter upon the 
Supreme Court apply as well to the other branches of the judici- 
ary so far as they affect matters of limitation of jurisdiction. 
The function of the Supreme Court as the determining power of 
the validity or constitutionality of legislation does not extend to 
the inferior courts established by Congress as such a determina- 
tion can only be made by a court of last resort. The inferior 
courts have, however, important duties in adjusting the relations 
between citizens of different States and between aliens and citi- 
zens of the United States, and the former adjustments are yearly 
becoming of more importance for the reason that the more gen- 
eral intercourse between all parts of the country tends to bring 
with it an increasing number of controversies between persons 
who are citizens of one State and natural and artificial persons 
who are citizens of another. This is especially true with relation 
to corporations created by the different States and whose field 
of operation not only is not limited to the States by which they 
were created, but includes, in a large number of instances, the en- 
tire territory of the United States and its possessions. As will 
be further shown, the Federal statutes have provided for a large 
number of contingencies in which persons or corporations for- 
eign to a given State are protected against discriminative legisla- 
tion or practice which would favor the citizen of the State in 
whose courts the litigation was commenced. It has come to be 
a very general practice for corporate interests to seek the courts 
of the United States when practicable, and in certain of the 
States an attempt has been made to remove this recourse by leg- 
islation providing that when a foreign corporation shall seek to 
remove an action brought by a citizen of the State to the Federal 
Court that corporation shall be debarred from further exercise 



THE AMERICAN GOVERNMENT. i8r 

of the privileges which have been accorded to it to carry on busi- 
ness in the State on the same footing as corporations created by the 
State in question. 

There are certain provisions of law which are common to all 
the members of the Federal judiciary, the principal of which are 
those intended to secure an absolutely independent and unbiased 
status on the part of the Judge. A Judge of an United States 
Court, having been appointed by the President, by and with the 
advice and consent of the Senate can only be removed upon im- 
peachment proceedings initiated by the House of Representatives 
and consummated by a vote of two-thirds of the members pres- 
ent of the Senate that the impeachment charges have been sus- 
tained. The salary which is assigned to a Judge upon his ap- 
pointment cannot be diminished during his term of office, and 
when he reaches the age of seventy years, if he has been in office 
for ten years he is entitled during the residue of his natural life 
to receive the same salary which he has had paid to him during 
his term of office. 

Each Judge is required to take an oath that he will "administer 
justice without respect to persons, and do equal right to the poor 
and to the rich," and that he will faithfully and impartially dis- 
charge and perform all the duties incumbent upon him according 
to the best of his abilities and understanding. It is unlawful 
for any Judge to exercise the profession or em.ployment of coun- 
sel or attorney or to be engaged in any form of the practice of the 
law. The infraction of this provision is deemed a high misde- 
meanor and subjects the offender to the penalty of a successful 
impeachment. 

Federal Judges, as has been said in the chapter on the Supreme 
Court, cannot issue all the common law writs, but only such as 
appertain to their jurisdiction. Such writs as they may issue in- 
clude those to prevent a person from leaving the country, but 
only when a suit in equity has been brought within the jurisdic- 
tional pov/ers of the court The Federal Courts also have the 
power to issue the necessary writs to compel persons to appear 
and plead in cases brought within their jurisdiction, and may 



i82 THE AMERICAN GOVERNMENT. 

also issue writs of injunction in certain cases. The issuance of 
writs of injunction by which the power of the United States is 
exercised to prevent the doing of certain acts has been the sub- 
ject of much agitation during the past few years, and legislation 
has been sought to limit or to entirely abolish this power in in- 
stances in which its exercise has been claimed to be an abuse. 
Primarily the injunction is a decree of a court sitting in equity 
to stop some procedure of a person or persons which is either re- 
pugnant to the orderly determination of a question submitted or 
to be submitted to the court for adjudication, or where some 
wrong is alleged to be about to be committed which will produce 
irremediable injury and one for which an adequate amount in 
damages cannot be recovered. Injunctions can only be issued by 
Judges of Federal District Courts in certain specified instances. 
A wider power of injunction, so long as the matter lies within 
the subject of Federal jurisdiction is given to Circuit Judges and 
to Justices of the Supreme Court. The latter can only issue such 
injunctions if they are actually in the circuit for which the in- 
junction is issued, unless there is an express stipulation of both 
parties that the order may be issued outside the circuit, or un- 
less it cannot be issued by the Circuit Judge or by a District 
Judge sitting on behalf of the Circuit Court. The cases in which 
complaint has been made of the use of the writ of injunction or 
other restraining order have been those relating to strikes and 
labor troubles, especially with reference to the means of trans- 
portation. The aspect in which the interest of the United States 
has been found has been chiefly with reference to the carriage of 
United States mail. In prohibiting the interference of strikers 
with this transportation, the courts have directed the Federal 
power towards maintaining the running of trains which the asso- 
ciations of railroad employees who have been on strike have en- 
deavored to stop. Interference with interstate commerce has 
also been advanced as a reason for the passage of a restraining 
order by a Federal Court, and such action has been referred to 
by the opponents of the exercise of the power as government by 
injunction. The opposition in this matter is stated to be on the 



THE AMERICAN GOVERNMENT. 183 

ground that an application for an injunction is an ex parte pro- 
ceeding and that it is possible for a prejudiced Judge in acceding 
to the view of only one party to trench upon the rights of the 
other party under the color of having taken an equitable action. 
The remedy which has been proposed is that no injunction should 
be issued, except upon the hearing of both parties and such a 
provision has been incorporated in the constitution of the new 
State of Oklahoma. 

While provision is made by law for the due transfer of suits be- 
gun in the courts of the different States to United States courts 
under appropriate circumstances, the Federal Courts are forbidden 
to interfere with the courts of the States by injunction proceedings, 
except in bankruptcy cases, the exception arising out of the fact 
that the Constitution provides for bankruptcy jurisdiction in the 
Federal Government. 

The statutes contain the usual provisions for the support of the 
authority of the Federal courts and for due procedure in cases which 
come within their jurisdiction. Among such provisions is ' that 
empowering the court to grant new trials in cases of jury trial 
under the usual condition obtaining in courts of law and to hold 
to good behavior and security of the peace as well as to direct the 
arrest and custody of persons who may appropriately come before 
the court. The usual provision is made that suits in equity shall 
not be entertained unless there is not a plain, adequate and complete 
remedy to be had at law and the Federal courts are given power 
to punish for contempt, the latter, however, being strictly defined 
as misbehavior in the presence of the court or so near thereto as to 
obstruct the administration of justice, the misbehavior of any of the 
officers of the court in their official transactions, and the disobedi- 
ence or resistance by any officer, party, juror or witness to a law- 
ful writ of process or command of the court. The punishment for 
such contempt may be by fine or imprisonment, and the action is 
not appealable or to be reviewed by another court, although it is 
maintained that the President has the power to pardon for a con- 
tempt. The exercise of such power, if it exists, would, however, be 
undertaken only in an extraordinary case. 



i84 THE AMERICAN GOVERNMENT. 

THE DISTRICT COURT. 

The most numerous body of the Federal Judiciary, and that 
which comes into closest communication with the great body of 
the people of the United States, of the Federal Judges, is that of 
the District Judges of the United States. In each of the districts,, 
a list of which is given hereafter, there is, generally, one judge. In 
some districts, however, the amount of business requires the services 
of two judges, while there are other districts for which one judge- 
holds court in two districts. Sometimes, also, because of the in- 
firmities or age of the district judge, an additional judge is named 
for his district, the total number of judges to be reduced to one 
when the first judge dies or retires. 

The salaries of the district judges are $6,000 per year each, paid 
in monthly installments. District judges also receive reimburse- 
ment for expenses incurred when they are designated to hold court 
outside of their district, the expenses allowed not to exceed $ia 
per day. The district judge has the appointment of the clerk in 
his district, and also the deputies of the clerk, although the latter 
are generally nominated by the clerk himself who is responsible for 
the acts of his deputy. Where there is more than one place of hold- 
ing court in a district, the judge may designate the point at which 
the records of the court shall be kept, unless such place is desig- 
nated by law. The district judge is deemed to be always sitting 
as a court for hearings in various motions, orders and rules in 
admiralty and in equity cases. He may in such cases issue neces- 
sary orders either in his chambers or in the clerk's office as if he 
had been sitting in the usual place of holding court. The session 
of district courts may be held continuously if the business at a 
given point requires it, notwithstanding another term of court may 
have been set by law at another place, and notwithstanding another 
term of court at the same place may have been set for a time when 
business of a former term is still going on. In the latter case the 
old term of court may be continued, and in the former case, the 
new term of court provided by law be adjourned, and the business 
of the former session completed. Provision is, however, made so 
that criminal sittings may not be unduly postponed by reason of 



THE AMERICAN GOVERNMENT. 185 

civil business. It is required that monthly adjournments of civil 
sittings shall be made when necessary to take up criminal business 
in order that the transaction of the latter may not be delayed or 
rendered unduly expensive. District judges have also the power to 
order special sittings of district courts at such times and places as 
they may deem necessary. If the judge is unable to attend at the 
beginning of any term of court, he may direct the clerk or marshal 
to adjourn the same. It frequently occurs that because of the 
death or disability of a judge, or because of his interest in some 
suit then pending, or because of the pressure of the business of 
the court that it becomes necessary to appoint some other judge to 
hold court in that particular district. In such event upon notice of 
the condition to the Circuit Court, the senior Judge of that court 
designates some other judge within the circuit to hold the court, 
or, if there is no district judge in the circuit who can be so as- 
signed, or there is no circuit judge available to make the assign- 
ment, the facts are certified to the Chief Justice of the United States, 
who may designate any district judge from any circuit to hold the 
court. It is sometimes also arranged as a matter of convenience 
that district judges shall exchange sittings of court, and in all these 
exchanges the powers and duties of one judge are made applicable 
to him when sitting in another district than his own. 

It is a comment in a standard work on Federal practice that 
when the system of United States courts was established no one 
anticipated the growth, numerically and in scope, of the cases be- 
fore the Federal courts. The original districts were established on 
the theory that a State should constitute a Federal judicial district. 
Geographical considerations and the increase of business brought 
about numerous subsequent enactments and the process of subdivid- 
ing the judicial districts is still going on. 

The fundamental requirement of a judge of a Federal district 
court is that he shall reside permanently in the district for which 
he is appointed. It is not required that a resident of a district shall 
be appointed to be the judge for the district, but on his appointment 
he must take up his residence within the district and the penalty 
attaching to high misdemeanor is threatened against a judge who 



i86 THE AMERICAN GOVERNMENT. 

shall offend against the requirement. That this is not an idle 
threat is evidenced by the fact that one of the seriously regarded 
charges in a recent impeachment case before the Senate of the 
United States was that a district judge had established an ostensible 
residence within his district but had actually resided for considerable- 
periods at a remote point. The reason for this requirement is that 
the judge shall be reasonably accessible for the purpose of such mo- 
tions, orders, etc., as may be required in legal process in the interim 
of court terms or sittings, and that the legal power of the United 
States shall not be absent from any of its legally constituted dis- 
tricts for considerable periods of time. 

The Congress has made a close definition of the place and time of 
holding district courts and in each act establishing a district court,, 
the place of its holding, of its time of sitting, of the location of its 
records and the residence of its clerk are all definitely set forth. 
Care has been taken that litigants shall not be put to the trouble, 
delay and expense of going to remote points at different times for 
the purpose of securing adjudication under the Federal laws, and 
that the power of the central government need not be sought at 
Washington, but that within reach of the most distant parts of the 
nation, a Federal representative is seated to administer the Federal 
laws. 

The district judge directs the method of selecting names for 
drawing of grand and petty juries of his court and of the selection 
of jurors from the names thus selected. The District Judge also 
appoints the United States Comlnissioners in his district, but the 
clerk of the court cannot be so appointed without the approval of 
the Attorney General. 

For reasons that will be more fully set forth hereafter, the de- 
scription of the jurisdiction of a Judge of the District Court tO' 
hear and determine causes is by no means a simple matter. Fed- 
eral procedure is most complex because of the overlapping of 
lines of jurisdiction and often confusing because of the merging,, 
in so many cases, of the personality of the District Judge, the 
Judge of the Circuit Court and of the Judge of the Circuit Court 
of Appeals in one person. Generally speaking, however, a Dis- 



THE AMERICAN GOVERNMENT. 187 

trict Judge has jurisdiction over all crimes and offenses cogniza- 
ble under the authority of the United States committed within 
his district or upon the high seas, except in cases where the of- 
fense is such as to render the offender liable to capital punish- 
ment An exception to this general statute is, however, that 
growing out of the land title condition in California, where it be- 
came necessary to make it punishable to secretly or fraudulently 
place any document among the archives of the Surveyor-General's 
office in California. This means of preventing land frauds is 
placed in the jurisdiction of the Circuit Court. 

The jurisdiction of the District Court over offenses on the high 
seas, except in capital cases, is exercised in the district in which 
an offender is found, or to which he may first be brought after 
the offense has been committed. This, of course, relates to of- 
fenses committed under the American flag. Of offenses com- 
mitted against the laws of nations, the District Court is given 
jurisdiction over cases of alleged piracy when no Circuit Court 
is held within the district. 

The Judge of the District Court has jurisdiction in all suits for 
penalties and forfeitures incurred under any law of the United 
States and of suits at common law brought by the United States 
or an officer authorized to sue, in suits in equity to enforce the 
payment of internal-revenue taxes and suits for the recovery of 
the penalties imposed against those who make or present false 
claims against the United- States. He has also concurrent juris- 
diction with the Circuit Court Judge in all cases arising under 
the postal laws of the United States. 

In the earlier Federal jurisprudence, one of its most important 
aspects was that relating to the determination of prize cases, and 
in case of war, the District Courts have important functions in 
determining the lawfulness of a capture and the disposition of the 
prize and the proceeds therefrom. The District Court is given 
original and exclusive jurisdiction over all prizes brought into 
the United States except over articles which have been devoted 
to the use of or have been allowed to be taken by insurrection- 
ists in which it has concurrent jurisdiction. The condemnation 



i88 THE AMERICAN GOVERNMENT. 

I 
t 

proceedings on all other prizes are under the jurisdiction of the 
District Judge, who also prescribes the division of the proceeds, 
subject, of course, to appeal to the Supreme Court, though the 
proceedings in the District Court may go on notwithstanding 
such an appeal is pending. 

With the above exception, the district court has also exclusive 
jurisdiction over all seizures of property for violation of Federal 
law on land and on waters not within admiralty or maritime ju- 
risdiction (the seizures within admiralty or maritime jurisdiction 
are covered by the foregoing paragraph) and has also exclusive 
jurisdiction of all civil causes of admiralty and maritime jurisdic- 
tion. 

The district courts have also concurrent jurisdiction with the 
circuit courts over suits by assignees for drawback of duties ; 
over the classes of suits described under the head of judges of 
circuit courts and generally described as those arising out of the 
laws for the preservation of "Civil Rights" to citizens- of the 
United States and over suits within the district against a nation- 
al banking association. It has also jurisdiction over an action in 
tort only, that is for a wrong committed, in violation of a law 
of nations or a treaty of the United States, but not for the en- 
forcement of a contract. It also has jurisdiction over suits against 
consuls or vice-consuls of foreign nations residing in its district. 

The Judge of the District Court has concurrent jurisdiction with 
the Court of Claims in suits against the United States where the 
amount does not exceed $i,ooo and has jurisdiction in all cases, civil 
and criminal with the Circuit Court in cases arising under the immi- 
gration and contract labor laws. Appeals by Chinese from the decision 
of a United States Commissioner that they are unlawfully in the 
United States come before a district judge who has also jurisdiction 
over proceedings in equity relating to unlawful occupancy of public 
lands in his district. While sitting as a circuit court judge a 
district judge may also issue writs of injunction valid until the 
next sitting of the circuit court if no circuit judge is available. 
He may hold security for peace in any cases cognizable before 
him and has jurisdiction of suits for penalties for the violation 



THE AMERICAN GOVERNMENT. 189 

of the statutes with relation to the equipment of railroad cars. 
He has also concurrent jurisdiction in proceedings for the con- 
demnation of land for public buildings or other public uses. 

The district judge in addition to holding his own court is 
eligible to act as a circuit judge upon appointment by a judge 
of circuit, to hold circuit court or to complete a circuit court 
and also to act as a judge of the circuit court of appeals in case 
of the absence of a Justice of the Supreme Court or judge of the 
circuit court. 

The various Judicial Districts of the different States are com- 
posed of the following counties, respectively: 

Alabama — Northern district: Counties in district. — Northern division: Col- 
bert, Cullman, Franklin, Jackson, Lauderdale, Lawrence, Limestone, 
Madison, Marion, Marshall, Morgan, and Winston. 

Southern division : Bibb, Blount, Dekalb, Fayette, Greene, Hale, Jef- 
ferson, Lamar, Pickens, St. Clair, Shelby, Sumter, Tuscaloosa and 
Walker. 

Eastern division : Calhoun, Cherokee, Clay, Cleburne, Etowah, Talla- 
dega. 

Alabama — ^Middle district: Counties in the district. — Autaga, Barbour, Bul- 
lock, Butler, Chambers, Chilton, Coffee, Coosa, Covington, Crenshaw, 
Dale, Dallas, Elmore, Geneva, Henry, Houston, Lee, Lowndes, Macon, 
Montgomery, Perry, Pike, Randolph, Russell, and Tallapoosa. 

Alabama — Southern district: Counties in the district. — Baldwin, Choctaw, 
Clarke, Conecuh, Escambia, Marengo, Mobile, Monroe, Washington, and 
Wilcox. 

Arkansas — Eastern district: Counties in the district. — Western division 
(returnable to Little Rock) : Arkansas, Ashley, Bradley, Chicot, Clark, 
Cleveland, Conway, Dallas, Desha, Drew, Faulkner, Garland, Grant, Hot 
Spring, Jefferson, Lincoln, Lonoke, Montgomery, Perry, Pope, Prairie, 
Pulaski, SaHne, Van Buren, White, and Woodruff. 

Eastern division (returnable to Helena) : Clay, Craighead, Crittenden, 
Cross, Greene, Lee, Mississippi, Monroe, Phillips, Poinsett, and St. 
Francis. 

Northern division (returnable to Batesville) : Cleburne, Fulton, Inde- 
pendence, Izard, Jackson, Lawrence, Randolph, Sharp, and Stone. 

Arkansas — Western district: Counties in the district. — Fort Smith division: 
Benton, Crawford, Franklin, Johnson, Logan, Polk, Scott, Sebastian, 
Washington, and Yell. 



IQO THE AMERICAN GOVERNMENT. 

Texarkana division: Calhoun, Columbia, Hempstead, Howard, La- 
fayette, Little River, Miller, Nevada, Ouachita, Pike, Sevier, and Union. 

Harrison division : Baxter, Boone, Carroll, Madison, Marion, New- 
ton, and Searcy. 

California — Northern district: Counties in the district. — Alameda, Alpine, 
Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, Eldorado, 
Glenn, Humboldt, Lake, Lassen, Marin, Mendocino, Modoc, Mono, Mon- 
terey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San 
Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, 
Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, 
Tuolumne, Yolo, and Yuba. 

California — Southern district: Counties in the district. — Northern division: 
Fresno, Inyo, Kern, Kings, Madera, Mariposa, Merced, and Tulare. 

Southern division: Los Angeles, Orange, Riverside, San Bernardino, 
San Diego, San Luis Obispo, Santa Barbara, and Ventura. 

Colorado — District comprises entire State. 

Connecticut — District comprises entire State. 

Delaware — District comprises entire State. 

District of Columbia — District comprises entire District of Columbia. 

Florida — Northern district : Counties in the district. — Calhoun, Escambia, 
Franklin, Gadsden, Holmes, Jackson, Jefferson, Lafayette, Leon Levy, 
Liberty, Santa Rosa, Taylor, Wakulla, Walton, and Washington. 

Florida — Southern district : Counties in the district. — Alachua, Baker, Brad- 
ford, Brevard, Citrus, Clay, Columbia, Dade, DeSoto, Duval, Hamilton, 
Hernando, Hillsboro, Lake, Lee, Madison, Manatee, Marion, Monroe, 
Nassau, Orange, Osceola, Pasco, Polk, Putnam, St. John, Sumter, Suwa- 
nee, and Volusia. 

Georgia — Northern district: Counties in the district. — Northern division: 
Campbell, Carroll, Cherokee, Clayton, Cobb, Coweta, Dawson, Dekalb, 
Douglas, Fannin, Fayette, Forsyth, Fulton, Gilmer, Gwinett, Hall, Henry, 
Lumpkin, Milton, Newton, Pickens, Rockdale, Spalding, Towns, Union. 

Western division: Clay, Early, Harris, Heard, Marion, Meriwether, 
Miller, Muscogee, Quitman, Randolph, Schley, Stewart, Talbot, Taylor, 
Terrell, Troup, Webster. 

Northwestern division: Bartow, Catoosa, Chattooga, Dade, Floyd, 
Gordon, Haralson, Murray, Paulding, Polk, Walker, Whitfield. 

Eastern division: Banks, Clarke, Elbert, Franklin, Greene, Habersham, 
Hart, Jackson, Madison, Morgan, Oconee, Oglethorpe, Rabun, Walton, 
White. 



THE AMERICAN GOVERNMENT. 191 

'Georgia — Southern district : Counties in the district. — Eastern division, at 
Savannah : Appling, Bryan, Bulloch, Camden, Chatham, Effingham, 
Emanuel, Glynn, Liberty, Mcintosh, Montgomery, Screven, Tatnall, and 
Wayne. 

Western division, at Macon : Baker, Baldwin, Bibb, Butts, Calhoun, 
Crawford, Dodge, Dooly, Dougherty, Hancock, Houston, Jasper, Jones, 
Laurens, Lee, Macon, Monroe, Pike, Pulaski, Putnam, Sumter, Telfair, 
Twiggs, Upson, Wilcox, and Wilkinson. 

Northeastern division, at Augusta : Burke, Columbia, Glascock, Jefifer- 
son Johnson, Lincoln, McDuffie, Richmond, Taliaferro, Washington, 
Wilkes, and Warren. 

Southwestern division, at Valdosta : Berrien, Brooks, Charlton, Clinch, 
Coffee, Colquitt, Decatur, Echols, Irwin, Lowndes, Mitchell, Pierce, 
Thomas, Ware, and Worth. 

Hawaii — District comprises all of the Islands. 

Idaho — Counties in the district. — Northern division : Idaho, Kootenai, Latah, 
Nez Perces, and Shoshone. 

Central division : Ada, Blaine, Boise, Canyon, Cassia, Elmore, Lincoln, 
Owyhee, and Washington. 

Southern division : Bannock, Bear Lake, Bingham, Custer, Fremont, 
Lemhi, and Oneida. 

Illinois — Northern district : Counties in the district. — Northern division : 
Boone, Bureau, Carroll, Cook, Dekalb, Dupage, Grundy, Jo Daviess, 
Kane, Kankakee, Kendall, Lake, Lasalle, Lee, McHenry, Ogle, Stephen- 
son, Whiteside, Will, and Winnebago. 

Southern division : Fulton, Henderson, Henry, Iroquois, Knox, Living- 
ston, McDonough, Marshall, Mercer, Peoria, Putnam, Rock Island, Stark, 
Tazewell, Warren, and Woodford. 

Illinois — Southern district: Counties in the district. — Adams, Alexander, 
Bond, Brown, Calhoun, Cass, Champaign, Christian, Clark, Clay, Clinton, 
Coles, Crawford, Cumberland, Dewitt, Douglas, Edgar, Edwards, Effing- 
ham, Fayette, Ford, Franklin, Gallatin, Greene, Hamilton, Hancock, 
Hardin, Jackson, Jasper, Jefferson, Jersey, Johnson, Lawrence, Logan, 
Macon, Macoupin, Madison, Marion, Mason, Massac, McLean, Menard, 
Monroe, Montgomery, Morgan, Moultrie, Perry, Piatt, Pike, Pope, Pu- 
laski, Randolph, Richland, St. Clair, Saline, Sangamon, Schuyler, Scott, 
Shelby, Union, Vermillion, Wabash, Washington, Wayne, White, and 
Williamson. 

Indiana — District comprises entire State. 

Iowa — Northern district: Counties in the district. — Eastern division: Alla- 
makee, Blackhawk, Bremer, Buchanan, Chickasaw, Clayton, Delaware, 



192 THE AMERICAN GOVERNMENT. 

Dubuque, Fayette, Floyd, Howard, Jackson, Mitchell, and Winneshiek, 
Cedar Rapids division: Benton, Cedar, Clinton, Grundy, Hardin, Iowa, 
Johnson, Jones, Linn, and Tama. 

Central division: Butler, Calhoun, Cerro Gordo, Emmet, Franklin,. 
Hamilton, Hancock, Humboldt, Kossuth, Palo Alto, Pocahontas, Web- 
ster, Winnebago, Worth, and Wright. 

Western division : Buena Vista, Cherokee, Clay, Dickinson, Ida, Lyon, 
Monona, O'Brien, Osceola, Plymouth, Sac, Sioux, and Woodbury. 

Iowa — Southern district : Counties in the district. — Western division : Au- 
dubon, Carroll, Cass, Crawford, Harrison, Mills, Montgomery, Potta- 
wattamie, Shelby. 

Southern division: Adair, Adams, Appanoose, Clarke, Decatur, Fre- 
mont, Lucas, Page, Ringgold, Taylor, Union, Wayne. 

Eastern division : Davis, Des Moines, Henry, Jefferson, Lee, Louisa, 
Van Buren, Wapello. 

Davenport division : Keokuk, Muscatine, Scott, Washington. 

Central division : Boone, Dallas, Greene, Guthrie, Jasper, Madison, 
Mahaska, Marion, Marshall, Monroe, Polk, Poweshiek, Story, Warren, 

Kansas — Counties in the district. — First division: Atchison, Brown, Chase, 
Cheyenne, Clay, Cloud, Decatur, Dickinson, Doniphan, Douglas, Ellis, 
Franklin, Geary, Gove, Graham, Jackson, Jefferson, Jewell, Johnson, 
Leavenworth, Lincoln, Logan, Lyon, Marion, Marshall, Mitchell, Mor- 
ris, Nemaha, Norton, Osage, Osborne, Ottawa, Phillips, Pottawatomie, 
Rawlins, Republic, Riley, Rooks, Russell, Saline, Shawnee, Sheridan, 
Sherman, Smith, Thomas, Trego, Wabaunsee, Wallace, Washington, 
and Wyandotte. 

Second division: Barber, Barton, Butler, Clark, Comanche, Cowley, 
Edwards, Ellsworth, Finney, Ford, Grant, Gray, Greeley, Hamilton, 
Harper, Harvey, Haskell, Hodgeman, Kearney, Kingman, Kiowa, Lane, 
McPherson, Meade, Morton, Ness, Pawnee, Pratt, Reno, Rice, Rush, 
Scott, Sedgwick, Seward, Stafford, Stanton, Stevens, Sumner, and Wi- 
chita. 

Third division: Allen, Anderson, Bourbon, Chautauqua, Cherokee, 
Coffey, Crawford, Elk, Greenwood, Labette, Linn, Miami, Montgomery, 
Neosho, Wilson, and Woodson. 

Kentucky — Eastern district: Counties in the district. — Anderson, Bath, 
Bell, Boone, Bourbon, Boyd, Boyle, Bracken, Breathitt, Campbell, Car- 
roll, Carter, Clark, Clay, Elliott, Estill, Fayette, Fleming, Floyd, Frank- 
lin, Gallatin, Garrard, Grant, Greenup, Harlan, Harrison, Henry, Jack- 
son, Jessamine, Johnson, Kenton, Knott, Knox, Laurel, Lawrence, Lee, 
Leslie, Letcher, Lewis, Lincoln, Madison, Magoffin, Martin, Mason, Meni- 
fee, Mercer, Montgomery, Morgan, Nicholas, Owen, Owsley, Pendleton, 



THE AMERICAN GOVERNMENT. 193 

Perry, Pike, Powell, Pulaski, Robertson, Rockcastle, Rowan, Scott, 
Shelby, Trimble, Wayne, Whitley, Wolfe, and Woodford. 

Kentucky — Western district : Counties in the district. — Adair, Allen, Bal- 
lard, Barren, Breckinridge, Bullitt, Butler, Caldwell, Calloway, Carlisle, 
Casey, Christian, Clinton, Crittenden, Cumberland, Daviess, Edmonson, 
Fulton, Graves, Grayson, Green, Hancock, Hardin, Hart, Henderson, 
Hickman, Hopkins, Jefferson, Larue, Livingston, Logan, Lyon, Mc- 
Cracken, McLean, Marion, Marshall, Meade, Metcalfe, Monroe, Muh- 
lenberg, Nelson, Ohio, Oldham, Russell, Simpson, Spencer, Taylor, Todd, 
Trigg, Union, Warren, Washington, and Webster. 

Louisiana — Eastern district : Parishes in the district. — New Orleans divi- 
sion : Assumption, Iberia, Jefferson, Lafourche, Orleans, Plaquemines, 
St. Bernard, St. Charles, St. James, St. John the Baptist, St. Mary, St. 
Tammany, Tangipahoa, Terrabone, and Washington. 

Baton Rouge division : Ascension, East Baton Rouge, East Feliciana, 
Iberville, Livingston, Pointe Coupee, St. Helena, West Baton Rouge, 
and West Feliciana. 

Louisiana — Western district : Parishes in the district. — Alexandria division : 
Avoyelles, Catahoula, Grant, Rapides, Vernon, Winn. 

Monroe division : Caldwell, Concordia, East Carroll, Franklin, Jack- 
son, Lincoln, Madison, Morehouse, Ouachita, Richland, Tensas, Union, 
West Carroll. 

Opelousas division : Arcadia, Calcasieu, Cameron, Lafayette, St. Lan- 
dry, St. Martin, Vermillion. 

Shreveport division : Bossier, Bienville, Caddo, Claiborne, De Soto, 
Natchitoches, Red River, Sabine, Webster. 

Maine — District comprises entire State. 

Maryland — District comprises entire State. 

Massachusetts — District comprises entire State. 

Michigan — Eastern district: Counties in the district. — Northern division: 
Alcona, Alpena, Arenac, Bay, Cheboygan, Clare, Crawford, Genesee, 
Gladwin, Gratiot, Huron, Iosco, Isabella, Midland, Montmorency, Oge- 
maw, Oscoda, Otsego, Presque He, Roscommon, Saginaw, Shiawassee, 
and Tuscola. 

Southern division : Branch, Calhoun, Clinton, Hillsdale, Ingham, 
Jackson, Lapeer, Lenawee, Livingston, Macomb, Monroe, Oakland, St. 
Clair, Sanilac, Washtenaw, and Wayne. 

Michigan — Western district : Counties in the district. — Northern division : 
Alger, Baraga, Chippewa, Delta, Dickinson, Gogebic, Houghton, Iron, 
Keweenaw, Luce, Mackinac, Marquette, Menominee, Ontonagon, and 
Schoolcraft. 



194 THE AMERICAN GOVERNMENT. 

Southern division: Allegan, Antrim, Barry, Benzie, Berrien, Cass, 
Charlevoix, Eaton, Emmet, Grand Traverse, Ionia, Kalamazoo, Kalkas- 
ka, Kent, Lake, Leelanau, Manistee, Mason, Mecosta, Missaukee, Mont- 
calm, Muskegon, Newaygo, Oceana, Osceola, Ottawa, St. Joseph, Van 
Buren, and Wexford. 

Minnesota — Counties in the district. — First division : Dodge, Fillmore, Hous- 
ton, Mower, Olmsted, Steele, Wabasha, and Winona. 

Second division : Blue Earth, Brown, Cottonwood, Faribault, Free- 
born, Jackson, Lac qui Parle, Lesueur, Lincoln, Lyon, Martin, Murray, 
Nicollet, Nobles, Pipestone, Redwood, Rock, Sibley, Waseca, Waton- 
wan, and Yellow Medicine. 

Third division: Chisago, Dakota, Goodhue, Ramsey, Rice, Scott, and 
Washington. 

Fourth division: Anoka, Carver, Chippewa, Hennepin, Isanti, Kan- 
diyohi, McLeod, Meeker, Renville, Sherburne, Swift, and Wright. 

Fifth division : Aitkin, Benton, Carlton, Cass, Cook, Crow Vv^'ing, 
Itasca, Kanabec, Lake, Millelacs, Morrison, Pine, and St. Louis. 

Sixth division: Becker, Beltrami, Big Stone, Clay, Clearwater, Doug- 
las, Grant, Hubbard, Kittson, Marshall, Norman, Ottertail, Polk, Pope, 
Stearns, Stevens, Todd, Traverse, Wadena, and Wilkins. 

Mississippi — Northern district: Counties in the district. — Western division: 
Benton, Calhoun, Carroll, Coahoma, De Soto, Grenada, Lafayette, Mar- 
shall, Montgomery, Panola, Quitman, Tallahatchie, Tate, Tippah, Tu- 
nica, Union, Webster, and Yalobusha. 

Eastern division : Alcorn, Attala, Chickasaw, Choctaw, Clay, Itawamba, 
Lee, Lowndes, Monroe, Oktibbeha, Pontotoc, Prentiss, Tishomingo, and 
Winston. 

Mississippi — Southern district: Counties in the district. — Jackson division: 
Adams, Amite, Copiah, Covington, Franklin, Hinds, Holmes, Jeflferson, 
Lawrence, Leflore, Lincoln, Madison, Pike, Rankin, Scott, Simpson, 
Smith, Wilkinson, and Yazoo. 

Vicksburg division: Bolivar, Claiborne, Issaquena, Sharkey, Sun- 
flower, Warren, and Washington. 

Meridian division: Clarke, Jasper, Jones, Kemper, Lauderdale, Leake, 
Neshoba, Newton, Noxubee, and Wayne. 

Biloxi division: Greene, Hancock, Harrison, Jackson, Marion, Pearl 
River, and Perry. 

Missouri — Eastern district: Counties in the district. — Eastern division: 
Audrain, Bollinger, Butler, Cape Girardeau, Carter, Crawford, Dent, 
sippi, Montgomery, New Madrid, Oregon, Pemiscot, Perry, Reynolds, 
Dunklin, Franklin, Gasconade, Iron, Jefferson, Lincoln, Madison, Missis- 



THE AMERICAN GOVERNMENT. 195 

Ripley, St. Charles, St. Frangois, Ste. Genevieve, St. Louis, St. Louis 
City, Scott, Shannon, Stoddard, Warren, Washington, and Wayne. 

Northern division: Adair, Charlton, Clark, Knox, Lewis, Linn, Macon, 
Marion, Monroe, Pike, Ralls, Randolph, Scotland, Schuyler, and Shelby. 

Missouri — Western district: Counties in the district. — Western division: 
Bates, Caldwell, Carroll, Cass, Clay, Grundy, Henry, Jackson, Johnson, 
Lafayette, Livingston, Mercer, Putnam, Ray, St. Clair, Saline, and 
Sullivan. 

St. Joseph division : Andrew, Atchison, Buchanan, Clinton, Daviess, 
Dekalb, Gentry, Harrison, Holt, Nodaway, Platte, and Worth. 

Central division : Benton, Boone, Callaway, Camden, Cole, Cooper, 
Hickory, Howard, Maries, Miller, Moniteau, Morgan, Osage, Pettis, 
and Phelps. 

Southern division : Cedar, Christian, Dade, Dallas, Douglas, Greene, 
Howell, Laclede, Ozark, Polk, Pulaski, Taney, Texas, Webster, and 
Wright. 

Southwestern division : Barry, Barton, Jasper, Lawrence, McDonald, 
Newton, Stone, and Vernon. 

Montana — District comprises entire State. 

Nebraska — District comprises entire State. 

Nevada — District comprises entire State. 

New Hampshire — District comprises entire State. 

New Jersey — District comprises entire State. 

New Mexico — Counties in the district. — First district : Santa Fe, San Juan, 
Rio Arriba, and Taos. 

Second district : Bernalillo, McKinley, Sandoval, and Valencia. 
Third district: Donna Ana, Grant, Luna, Sierra, and Socorro. 
Fourth district : Colfax, Mora, San Miguel, and Union. 
Fifth district : Chaves, Eddy, and Roosevelt. 
Sixth district: Lincoln, Leonard, Otero, Quay, and Torrance. 

New York— Northern district : Counties in the district. — Albany, Broome, 
Cayuga, Chenango, Clinton, Cortland, Delaware, Essex, Franklin, Ful- 
ton, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Onei- 
da, Onondaga, Oswego, Otsego, Rensselaer, St. Lawrence, Saratoga, 
Schenectady, Schoharie, Tioga, Tompkins, Warren, and Washington, 
with the waters thereof. 

New York — Southern district : Counties in the district. — Columbia, Dutch- 
ess, Greene, New York, Orange, Putnam, Rockland, Sullivan, Ulster, 
and Westchester. 



ig6 THE AMERICAN GOVERNMENT. 

New York — Eastern district: Counties in the district. — Kings, Nassau, 
Queens, Richmond, and Suffolk, with the waters thereof. 

New York — Western district: Counties in the district. — Allegany, Cattarau- 
gus, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Niagara, 
Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne, Wyoming, and 
Yates, with the waters thereof. 

North Carolina — Eastern district: Counties in the district. — Beaufort, 
Bertie, Bladen, Brunswick, Camden, Carteret, Chatham, Chowan, Co- 
lumbus, Craven, Cumberland, Currituck, Dare, Duplin, Durham, Edge- 
combe, Franklin, Gates, Granville, Greene, Halifax, Harnett, Hertford, 
Hyde, Johnston, Jones, Lenoir, Martin, Moore, Nash, New Hanover, 
Northampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Per- 
son, Pitt, Richmond, Robeson, Sampson, Scotland, Tyrrell, Vance, Wake, 
Warren, Washington, Wayne, and Wilson. 

North Carolina — Western district: Counties in the district. — Alamance, 
Alexander, Alleghany, Anson, Ashe, Buncombe, Burke, Cabarrus, Cald- 
well, Caswell, Catawba, Cherokee, Clay, Cleveland, Davidson, Davie, 
Forsyth, Gaston, Graham, Guilford, Haywood, Henderson, Iredell, Jack- 
son, Lincoln, McDowell, Macon, Madison, Mecklenburg, Mitchell, Mont- 
gomery, Orange, Polk, Randolph, Rockingham, Rowan, Rutherford, Stan- 
ly, Stokes, Surry, Swain, Transylvania, Union, Watauga, Wilkes, Yad- 
kin, and Yancey. 

North Dakota — District comprises entire State. 

Ohio — Northern district : Counties in the district. — Eastern division : Ash- 
land, Ashtabula, Carroll, Columbiana, Crawford, Cuyahoga, Geauga, 
Holmes, Lake, Lorain, Mahoning, Medina, Portage, Richland, Stark, 
Summit, Trumbull, Tuscarawas, and Wayne. 

Western division : Allen, Auglaize, Defiance, Erie, Fulton, Hancock, 
Hardin, Henry, Huron, Lucas, Marion, Mercer, Ottawa, Paulding, Put- 
nam, Sandusky, Seneca, VanWert, Williams, Wood, and Wyandot. 

Ohio — Southern district : Counties in the district. — Western division : Adams, 
Brown, Butler, Champaign, Clark, Clermont, Clinton, Darke, Greene, 
Hamilton, Highland, Lawrence, Miami, Montgomery, Preble, Scioto, 
Shelby, and Warren. 

Eastern division : Athens, Belmont, Coshocton, Delaware, Fairfield, 
Fayette, Franklin, Gallia, Guernsey, Harrison, Hocking, Jackson, Jeffer- 
son, Knox, Licking, Logan, Madison, Meigs, Monroe, Morgan, Morrow, 
Muskingum, Noble, Perry, Pickaway, Pike, Ross, Union, Vinton, and 
Washington. 

Oklahoma — Eastern district : The territory comprised within the boundaries 
of what was formerly Indian Territory constitutes the Eastern district. 



THE AMERICAN GOVERNMENT. 197 

Oklahoma — Western district: The territory comprised within the bound- 
aries of what was formerly Oklahoma Territory constitutes the West- 
ern district. 

Oregon — District comprises entire State. 

Pennsylvania — Eastern district : Counties in ■ the district. — Berks, Bucks, 
Chester, Delaware, Lancaster, Lehigh, Montgomery, Northampton, Phil- 
adelphia, and Scuylkill. 

Pennsylvania— Middle district: Counties in the district.— Adams, Bradford, 
Cameron, Carbon, Center, Clinton, Columbia, Cumberland, Dauphin, 
Franklin, Fulton, Huntingdon, Juniata, Lackawanna, Lebanon, Luzerne, 
Lycoming, Mifflin, Monroe, Montour, Northumberland, Perry, Pike, Pot- 
ter, Snyder, Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming, 
and York. 

Pennsylvania— Western district: Counties in the district. — Allegheny, Arm- 
strong, Beaver, Bedford, Blair, Butler, Cambria, Clarion, Clearfield, 
Crawford, Elk, Erie, Fayette, Forest, Greene, Indiana, Jefferson, Law- 
rence, McKean, Mercer, Somerset, Venango, Warren, Washington, and 
Westmoreland. 

Porto Rico — District comprises entire island. 

Rhode Island — District comprises entire State. 

South Carolina — District comprises entire State. 

South Dakota — Counties in the district. — Northern division (court at Aber- 
deen) : Brookings, Brown, Campbell, Clark, Codington, Day, Deuel, Ed- 
munds, Grant, Hamlin, McPherson, Marshall, Roberts, Spink, Walworth; 
also Sisseton and Wahpeton Indian reservations. 

Central division (court at Pierre) : Buffalo, Faulk, Jerauld, Hand, 
Hughes, Hyde, Potter, Stanley, Sully; also Cheyenne and part of 
Standing Rock Indian reservations. 

Southern division (court at Sioux Falls) : Aurora, Beadle, Bonhomme, 
Brule, Charles Mix, Clay, Davison, Douglas, Gregory, Hanson, Hutchin- 
son, Kingsbury, Lake, Lincoln, Lyman, McCook, Miner, Minnehaha, 
Moody, Sanborn, Turner, Union, Yankton; also Crow Creek, Lower 
Brule and Yankton Indian reservations. 

Western division (court at Deadwood) : Butte, Custer, Fall River, 
Lawrence, Meade, Pennington, and the Rosebud and Pine Ridge Indian 
reservations. 

Tennessee— Eastern district: Counties in the district.— Northern division: 
Anderson, Blount, Campbell, Claiborne, Grainger, Jefferson, Knox, Lou- 
don, Monroe, Morgan, Roane, Scott, Sevier and Union. 



198 THE AMERICAN GOVERNMENT. 

Southern division: Bledsoe, Bradley, Cumberland, Fentress, Hamilton^ 
James, McMinn, Marion, Meigs, Polk, Rhea, Sequatchie. 

Northeastern division : Carter, Cocke, Greene, Hamblen, Hancock,. 
Hawkins, Johnson, Sullivan, Unicoi, and Washington. 

Tennessee — Middle district-: Counties in the district. — Bedford, Cannon, 
Cheatham, Clay, Coffee, Davidson, Dekalb, Dickson, Franklin, Giles, 
Grundy, Hickman, Houston, Humphreys, Jackson, Lawrence, Lewis, 
Lincoln, Macon, Marshall, Maury, Montgomery, Moore, Overton, Pickett, 
Putnam, Robertson, Rutherford, Smith, Stewart, Sumner, Trousdale, Van 
Buren, Warren, Wayne, White, Williamson and Wilson. 

Tennessee — Western district : Counties in the district. — Eastern division r 

Benton, Carroll, Chester, Crockett, Decatur, Gibson, Hardeman, Hardin, 

Henderson, Henry, Lake, McNairy, Madison, Obion, Perry and Weakley. 

Western division: Dyer, Fayette, Haywood, Lauderdale, Shelby and 

Tipton. 

Texas — Northern district : Counties in the district. — Returnable to Dallas : 
Dallas, Ellis, Hunt, Johnson, Kaufman, Navarro and Rockwall. 

Returnable to Fort Worth : Archer, Armstrong, Bailey, Baylor, Bris- 
coe, Carson, Castro, Childress, Clay, Cochran, Collingsworth, Comanche,, 
Cottle, Dallam, Dawson, Deaf Smith, Donley, Erath, Floyd, Foard, 
Gray, Hale, Hall, Hansford, Hardeman, Hartley, Hemphill, Hockley,, 
Hood, Hutchinson, Jack, Lamb, Lipscomb, Moore, Motley, Ochiltree, 
Oldham, Palo Pinto, Parker, Parmer, Potter, Randall, Roberts, Sherman, 
Swisher, Tarrant, Wheeler, Wichita, Wilbarger, Wise and Young. 

Returnable to Aiblene: Andrews, Borden, Callahan, Crosby, Dickens, 
Eastland, Fisher, Gaines, Garza, Haskell, Howard, Jones, Kent, King, 
Knox, Lubbock, Lynn, Martin, Midland, Mitchell, Nolan, Scurry, Shack- 
elford, Stephens, Stonewall, Taylor, Terry. Throckmorton and Yoakum. 

Returnable to San Angelo : Brown, Coke, Coleman, Concho, Crockett, 
Glasscock, Irion, Menard, Mills, Runnells, Schleicher, Sterling, Sutton, 
Tom Green, and Upton. 

Texas — Southern district: Counties in the district: Returnable to Galves- 
ton: Austin, Brazoria, Chambers, Fort Bend, Galveston, Matagorda and 
Wharton. 

Returnable to Houston : Brazos, Calhoun, Colorado, Goliad, Grimes, 
Harris, Jackson, Lavaca, Madison, Montgomery, Polk, San Jacinto, 
Trinity, Victoria, Walker and Waller. 

Returnable to Laredo: Aransas, Duval, Lasalle, McMullen, Neuces, 
Refugio, San Patricio, Webb and Zapata. 

Returnable to Brownsville: Cameron, Hidalgo and Starr. 

Texas. — Eastern district: Counties in the district. — Returnable to Tyler: 



THE AMERICAN GOVERNMENT. 199 

Anderson, Angelina, Cherokee, Gregg, Henderson, Houston, Nacog- 
doches, Panola, Rains, Rusk, Shelby, Smith, Van Zandt and Wood. 

Returnable to Jeflferson: Camp, Cass, Harrison, Hopkins, Marion, 
Morris and Upshur. 

Returnable to Beaumont: Hardin, Jasper, Jefferson, Liberty, Newton, 
Orange, Sabine, San Augustine and Tyler. 

Returnable to Sherman: Collin, Cooke, Denton, Grayson and Mon- 
tague. 

Returnable to Paris : Delta, Fannin, Lamar and Red River. 

Returnable to Texarkana: Bowie, Franklin, Titus. No definite time 
for holding court. 

Texas — Western district: Counties in district. — Returnable to Austin: 
Bastrop, Blanco, Burleson, Burnett, Caldwell, Fayette, Gillespie, Hays, 
Kimble, Lampasas, Lee, Llano, Mason, McCulloch, San Saba, Travis, 
Washington and Williamson. 

Returnable to Waco : Bell, Bosque, Coryell, Falls, Freestone, Hamil- 
ton, Hill, Leon, Limestone, McLennan, Milam, Robertson and Somervell. 

Returnable to San Antonio : Atascosa, Bandera, Bee, Bexar, Comal, 
Dewitt, Dimmit, Edwards, Frio, Gonzales, Guadalupe, Karnes, Kendall, 
Kerr, Kinney, Live Oak, Maverick, Medina, Uvalde, Valverde, Wilson 
and Zavalla. 

Returnable to El Paso: Brewster, Crane, Ector, El Paso, Jeff Davis, 
Loving, Pecos, Presidio, Reeves, Ward and Winkler. 

Utah — District comprises entire state. 

Vermont — District comprises entire state. 

Virginia — Eastern district: Counties in the district. — Accomac, Alexandria, 
Amelia, Brunswick, Caroline, Charles City, Chesterfield, Culpeper, Din- 
widdie, Elizabeth City, Essex, Fairfax, Fauquier, Gloucester, Gooch- 
land, Greenesville, Hanover, Henrico, Isle of Wight, James City, King 
and Queen, King George, King William, Lancaster, Loudoun, Louisa, 
Lunenburg, Mathews, Mecklenburg, Middlesex, Nansemond, New Kent, 
Norfolk, Northampton, Northumberland, Nottoway, Orange, Powhatan, 
Prince Edward, Prince George, Prince William, Princess Anne, Rich- 
mond, Southampton, Spottsylvania, Stafford, Surry, Sussex, Warwick, 
Westmoreland and York. 

Virginia — Western district : Counties in the district. — Albemarle, Alle- 
ghany, Amherst, Appomattox, Augusta, Bath, Bedford, Bland, Botetourt, 
Buchanan, Buckingham, Campbell, Carroll, Charlotte, Clarke, Craig, Cum- 
berland, Dickenson, Floyd, Fluvanna, Franklin, Frederick, Giles, Grayson, 
Greene, Halifax, Henry, Highland, Lee, Madison, Montgomery, Nelson, 



200 THE AMERICAN GOVERNMENT. 

Page, Patrick, Pulaski, Pittsylvania, Rappahannock, Roanoke, Rock- 
bride, Rockingham, Russell, Scott, Shenandoah, Smyth, Tazewell, War- 
ren, Washington, Wise and Wythe. 

Washington — Counties in the district. — Northern division : Clallam, Island, 
Jefferson, King, Kitsap, San Juan, Skagit, Shohomish and Whatcom. 

Southern division : Asotin, Columbia, Franklin, Garfield, Klickitat, 
Wallawalla, Whitman and Yakima. 

Eastern division : Adams, Chelan, Douglas, Ferry, Kittitas, Lincoln, 
Okanogan, Spokane, and Stevens. 

Western division : Chehalis, Clarke, CowHtz, Lewis, Mason, Pacific, 
Pierce, Skamania, Thurston and Wahkiakum. 

West Virginia — Northern district : Counties in the district. — Barbour, 
Berkeley, Brooke, Calhoun, Doddridge, Gilmer, Grant, Hampshire, Han- 
cock, Hardy, Harrison, Jefferson, Lewis, Marion, Marshall, Mineral, 
Monongalia, Morgan, Ohio, Pendleton, Pleasants, Preston, Randolph, 
Ritchie, Taylor, Tucker, Tyler, Upshur, Wetzel, Wirt and Wood. 

West Virginia — Southern district : Counties in the district. — Boone, Brax- 
ton, Cabell, Clay, Fayette, Greenbrier, Jackson, Kanawha, Lincoln, Logan, 
McDowell, Mason, Mercer, Mingo, Monroe, Nicholas, Pocahontas, Put- 
nam, Raleigh, Roane, Summers, Wayne, Webster and Wyoming. 

Wisconsin — Eastern district : Counties in the district. — Brown, Calumet, 
Dodge, Door, Florence, Fond du Lac, Forest, Green Lake, Kenosha, 
Keewaunee, Langlade (except townships 31, 32, 33 and 34 of ranges 9 
and 10 east), Manitowoc, Marinette, Marquette, Milwaukee, Oconto, 
Oneida (townships 35, 36, 37, 38 and 39 of range 11 east), Outagamie, 
Ozaukee, Racine, Shawano, Sheboygan, Vilas (townships 40, 41 and 42 
of range 11 east), Walworth, Washington, Waukesha, Waupaca, Wau- 
shara and Winnebago. 

Wisconsin — Western district : Counties in the district. — Adams, Ashland, 
Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark, Columbia, Craw- 
ford, Dane, Douglas, Eau Claire, Gates, Grant, Green, Iowa, Iron, Jack- 
son, Jefferson, Juneau, La Crosse, Lafayette, Langlade (townships 31, 
32, 33 and 34, ranges 9 and 10 east), Lincoln, Marathon, Monroe, Oneida 
(except townships 35, 36, 37, 38 and 39, range 11 east), Pepin, Pierce, 
Polk. Portage, Price, Richland, Rock, St. Croix, Sauk, Sawyer, Taylor, 
Tempealeau, ■ Vernon, Vilas (except townships 40, 41 and 42, range ii 
east), Washburn and Wood. 

Wyoming — District comprises entire state. 



THE AMERICAN GOVERNMENT. 201 

JUDGE OF THE CIRCUIT COURT. 

It is probable that no position under the Federal government 
of corresponding importance attracts so moderate an amount of 
attention or is so little understood as that of a judge of the Cir- 
cuit Court of the United States. In effect the chief possessor 
and wielder of the power of the Federal government w^ithin the 
section of the Union to which he is assigned, he comes but little 
in contact with the people among whom he is set in a sense as a 
guardian of the Federal prerogatives and even in the written 
history of the United States but little has been said of the bril- 
liant achievements in jurisprudence, the high standard of probity 
and integrity, and the unceasing labors of this body of jurists, 
as marked in ability and in valuable public service as they have 
remained almost without exception, impersonal and unmarked 
by the general public. 

The circuits of the United States were established in 
1789 by the inclusion of the various districts then es- 
tablished in accordance with their geographical relations 
As States were added to the Union, the circuits re- 
mained unchanged in number but were increased in 
scope. The circuits first established were those in which the 
respective members of the Supreme Court held their circuit 
courts, but in 1869 in view of the inevitable increase of Federal 
cases, a circuit judge was provided for each district to carry on 
the work while the Supreme Court Justice was otherwise en- 
gaged and to act as a supplementary judge during the periods 
of the regular circuit visitations. The circuit judge is given the 
same power and jurisdiction as the Supreme Court Justice al- 
lotted to the circuit but only within the circuit for which he is 
appointed and must reside within his circuit. An exception is 
made, however, that if a judge of another circuit makes a written 
request therefor, the power and jurisdiction of a circuit judge 
may be transferred to that circuit for the purpose of hearing the 
case only for which request is made. By subsequent legislation 
to that establishing the position, additional circuit judges have 
been provided for so that now the first circuit has two judges, 



202 THE AMERICAN GOVERNMENT. 

the second three, the third three, the fourth two, the fifth three, 
the sixth three, the seventh three, the eighth three and the 
ninth three. Circuit judges are appointed by the President by 
and with the advice and consent of the Senate and receive a 
salary of seven thousand dollars a year. If, having served for 
ten years and having reached the age of seventy, a circuit judge 
shall resign his position he is entitled to receive for the residue 
of his life the same salary he received at the time of his resig- 
nation. 

The judge of the circuit court has concurrent jurisdiction with 
State courts in cases which are not wholly between citizens of 
the same State and wholly under the laws of the State and where 
the amount in dispute exceeds two thousand dollars. That is to 
say if a matter comes under the Constitution, laws or treaties 
of the United States or if the parties are from different States 
or one is an alien^ the matter may be tried in the circuit court 
if the amount in question is as above stated. Cases pending in 
State courts coming under this description may be removed to 
the United States circuit court. 

Original jurisdiction is given the circuit court in the follow- 
ing classes of cases : 

Suits in equity in which the United States is the petitioner in 
which the sum at issue is more than $500, and all suits at com- 
mon law where the United States or an officer thereof suing 
under authority of Congress is the plaintiff. Also of all suits 
under the import, tonnage or internal revenue laws or causes 
arising under the postal laws ; proceedings relating to the car- 
riage of passengers in merchant vessels ; proceedings for the con- 
demnation of property seized because of an effort to aid insur- 
rectionists ; of all suits under laws relating to the slave trade; 
of all suits under the copyright or patent laws ; of all suits 
under the laws providing for national banking associations ; suits 
to enforce the right of citizens of the United States to vote in 
the several States. 

Proceedings relating to violation of the rights of citizens of 
the United States under the constitutional amendments and en- 



THE AMERICAN GOVERNMENT. 203 

actments relating to "Civil Rights" are made the subjects of or- 
iginal jvirisdiction in the circuit courts, including suits to recover 
possession of ofBce or to remove officials because of alleged vio- 
lation of such lav^s and upon this point only ; suits to recover 
pecuniary forfeitures or to redress deprivations or injuries or to 
prosecute persons for conspiracy under such enactments. 

Concurrent jurisdiction with the Court of Claims is given to 
the circuit court in claims of more than $1,000 and less than 
$10,000, and concurrent jurisdiction with district courts in cases 
arising under the immigration and contract labor laws, also in 
suits in equity to prevent the unlawful occupation of public 
lands, and in suits for condemnation of land for public purposes. 

While it is required that trials of issues of fact shall be by jury 
except in equity, admiralty and bankruptcy cases, circuit judges 
may try issues of fact without jury on waiver of a jury trial by 
the parties to the suit 

When sitting in equity for the trial of patent causes, the cir- 
cuit court judge may empanel a jury of from five to twelve per- 
sons to decide on questions of fact. In case of difiference of 
opinion in a circuit court between the circuit justice and a cir- 
cuit judge or a district judge or a circuit judge and a district 
judge, the decision of the presiding judge rules. 

A circuit court judge can grant an injunction in cases where 
a circuit court could grant the same, and a district judge sitting 
as a member of a circuit court can grant an injunction, but not 
if the party has had a reasonable time to apply to a circuit court 
for a writ and an injunction issued by a district judge on behalf 
of a circuit court can remain in effect only until the next meet- 
ing of the circuit court. 

The amendment to the Interstate Commerce act passed in the 
session of Congress of 1905-6 after a long discussion made the 
judge of the circuit court not only the enforcing power to com- 
pel the carrying out of orders and requirements made by the 
Interstate Commerce Commission provided for in the act referred 
to, but made the circuit court the revisory power over the orders 
and requirements of the Commission. Common carriers against 



204 THE AMERICAN GOVERNMENT. 

whom such orders or requirements are directed are empowered 
to bring suit in the district in which such carrier has its princi- 
pal operating office and the jurisdiction over such suits is ex- 
pressly granted to the circuit courts. The court is prohibited^ 
however, from taking action suspending the operation of any 
decree of the Interstate Commerce Commission except on five 
days' notice to the Commission and appeals are provided for to 
the Supreme Court, and such appeals are to be given especial con- 
sideration in the order of business in the Supreme Court. 

As the time of the titular circuit judges is almost wholly taken 
up in considering cases brought to the circuit court of appeals 
on appeal and writ of error, circuit court is not often held by 
a circuit judge, but by a district judge acting in that capacity 
so that there follows the condition which exists at the present 
time of the district and circuit judges respectively being in a 
large majority of cases the same person. Thus a district judge 
may serve at one sitting in the trial of a criminal case as district 
judge and at the next sitting of court may be acting as a cir- 
cuit judge for the trial of some case in which the circuit court 
is given original jurisdiction. The complexities which have 
followed make the Federal procedure a difficult one, with dis- 
tinctions which do not by any means appear as differences so that 
in the revision of the statutes of the United States undertaken 
by the Commission to Revise the Laws, all of the jurisdiction of 
the district and circuit courts together with the various provi- 
sions applying to both have been consolidated under the 
head of the district court. For the reason that the Federal 
procedure can best be understood when it is so consolidatedy 
and also for the further reason that when favorable action upon 
the proposition of the reviser has been taken, the description of 
the jurisdiction of. the circuit and district courts as it would be 
based on the statutes in force at the present time would be al- 
most unintelligible, and likely to be misleading, the entire ques- 
tion of jurisdiction is treated in the following paragraphs giving 
material provisions as they would appear in the proposed re- 
vision should it be approved by the Congress. 



THE AMERICAN GOVERNMENT. 205 

In order to avoid confusion, the court of original jurisdiction 
in the following will be called the lower court, and, indeed, when 
the jurisdiction is not sharply defined by statute at present so that 
the jurisdictions of the district and circuit courts are distinct, it 
would be absolutely impossible within the limits of the present work 
to define the difference, and its exact determination is a highly 
technical branch of legal practice. The layman may consider the 
United States courts practically as divided into one original court 
with two branches, and two appellate courts, the Circuit Court of 
Appeals and the Supreme Court. 

All cases in which the United States is a plaintiff^ or petition- 
er brought against citizens of any of the States, including all 
suits brought by an officer of the United States authorized to sue 
in its behalf, may be brought either in the lower United States 
courts or in the State courts ; that is to say, the lower courts 
have concurrent jurisdiction with the State courts in all such 
cases. In suits between private individuals where the matter 
in question amounts to $2,000, exclusive of the interest and 
cost, cases may be brought either in the State court or in the low- 
er court if the matter of controversy involves questions arising 
under the Constitution, laws or treaties of the United States, or 
if the controversy is between citizens of different States, or be- 
tween citizens of a State and a foreign State, or its citizens or 
subject Further, if, in the question at issue, there is joined a 
matter of conflicting claims under grants of lands made by dif- 
ferent States, such a case may be brought either in the State 
courts or in the United States courts. Cases which come under 
the jurisdiction of district courts without concurrence or quali- 
fication include those relating to all crimes and offenses against 
the United States not capital committed within the district or 
any territory under the exclusive jurisdiction of the United 
States, such as a fort, arsenal, dock yards, magazine, or other sim- 
ilar institution within the territory of a State, but jurisdiction 
over which has been ceded to the United States in accordance 
with the constitutional provisions. The lower courts have also 
jurisdiction over any crime or offense committed on a vessel 



2o6 THE AMERICAN GOVERNMENT. 

owned by any citizen of the United States when such offense 
was committed outside the jurisdiction of any particular State. 
Special provision is also made giving such courts jurisdiction over 
offenses committed on guano islands or isolated keys which 
have been designated by the President as portions of the terri- 
tory of the United States. In order that there may be no zone 
in which jurisdiction does not extend owing to the failure of 
State and Federal jurisdiction to meet, the courts of the United 
States are given concurrent jurisdiction with the State courts 
over all crimes and offenses committed on the seas bordering 
the United States within the distance of one marine league from 
the shore, and also on the Great Lakes, and the rivers which 
form portions of the boundary lines of the geographical bounda- 
ries of the United States. Prosecutions for such offenses may, 
therefore, be brought in either the State or the Federal courts, 
and a recourse is provided in such cases as the jurisdiction of 
the State courts cannot be established. The courts have origi- 
nal and exclusive jurisdiction in all cases arising under any act 
for the punishment of piracy and relating to the slave trade. All 
suits for penalties and forfeitures incurred under any law of the 
United States are brought in the lower courts as well as cases 
brought to enforce the internal revenue laws, and to enforce the 
lien of the United States upon any real estate from which inter- 
nal revenue taxes are sought to be collected. Suits to collect cus- 
toms taxes and tonnage taxes, as well as all proceedings for the 
enforcement of the laws regulating the carriage of passengers 
in merchant vessels are brought in these courts, as well as all 
proceedings for the punishment of officers and owners of ves- 
sels through whose negligence the life of any persons is de- 
stroyed. If any person is damaged or injured in an attempt to 
collect the revenues of the United States, he may bring suit to re- 
cover for such damage in the Federal courts. 

All suits and actions arising under the postal laws of the 
United States are also included in the jurisdiction of the lower 
courts, which, as it will be seen, are the tribunals generally for 
the enforcement of the laws based upon the sovereign powers 



THE AMERICAN GOVERNMENT. 207 

of the United States. A very important part of the jurisdiction 
of the district courts relates to the cases brought under ad- 
miralty and maritime jurisdiction. The practice in such cases 
is based not upon the usual or common law but upon the law 
merchant as modified by the customs and practice of merchants 
and vessel owners throughout hundreds of years. It is especially 
provided that any remedy which parties may have under the common 
law shall be saved to them even though the action shall be brought 
in the district court sitting as a court of admiralty and maritime 
jurisdiction. 

These courts are also a tribunal for the adjudication of matters 
relating to prizes which may be captured by the armed vessels 
of the United States and brought into the jurisdiction of a dis- 
trict court While this jurisdiction has been, in the past history 
of this country a most important one and the business especially 
during the wars in which privateering was authorized, of tre- 
mendous volume, the tendency of international law is in the di- 
rection of decreasing the number of vessels liable to capture and 
sale under the adjudication of a prize court, so that the proce- 
dure in this respect is likely to be of less importance in the 
future than it has been counted in the past. Such prize pro- 
ceedings, may be instituted in the court into whose district the 
prize may be brought, and upon consideration of the circum- 
stances of the seizure and the awarding of the verdict that the 
vessel was lawful prize, an order of sale may be made to be 
carried out by the marshal, the distribution of the proceeds to 
be made in accordance with the prize laws and the order of the 
court. 

A rather curious extension of the jurisdiction in prize cases 
was made during the Civil War under statutes providing for the- 
seizure of property of persons who used their property or know- 
ingly allowed it to be used for the furtherance of any rebellion 
against the United States. Such property was declared to be 
lawful prize and proceedings for its condemnation and sale for 
the benefit of the captor can be brought either in the district in 
which the seizure was made, or in the court of a district into 



2o8 THE AMERICAN GOVERNMENT. 

which the property may be brought and the proceedings first 
begun. 

Another class of cases growing out of the conditions of the 
Civil War and which come within the jurisdiction of the lower 
courts are those growing out of the civil rights enactment under 
which any person deprived of a right, privilege or immunity se- 
cured by the Constitution or laws of the United States may 
bring suit to redress such deprivation in the Federal lower court, 
or against any person who knowing that such wrongs are to be 
inflicted fails to do all in his power to prevent such deprivation 
or wrong. These courts also have jurisdiction of suits brought 
to recover the possession of any office of which a person may 
have been depirived because of the denial to certain citizens of 
the right to vote on account of race, color, or previous condition 
of servitude. The only offices excepted are those of elector of 
President or of Vice-President, Representatives or delegate in 
Congress or member of a State Legislature. When any person 
has been deprived of the right to occupy another elective office 
than those named by reason of the denial of the right to vote 
to citizens of the United States he is empowered to bring a suit 
in a Federal court, which can determine upon his right to oc- 
cupy such an office although the determination must be based 
only upon the denial or non-denial of the right of certain citizens 
to vote. The jurisdiction of the court does not extend to the con- 
sideration of other circumstances in the election than those here- 
in stated. 

The jurisdiction of proceedings relative to the enforcement 
of the national banking laws and relative to operations of the 
Comptroller of the Currency and his subordinates for the pur- 
pose of winding up the' affairs of banks are invested in the lower 
courts of the United States. This jurisdiction is concurrent with 
the State courts in matters relating to the collection of sums 
becoming due in realizing upon the assets of banks which may be 
in process of liquidation, or to enforce the liens upon any prop- 
erty which have attached by reason of the provision of the na- 
tional banking laws. That is to say, any legal process which the 



THE AMERICAN GOVERNMENT. 209 

officer in charge of the liquidation of the bank may find to be 
necessary for the purpose of securing amounts found to be due, 
and which are to be applied to the funds for the payment of 
depositors may be undertaken through the medium of the United 
States courts, with the additional prerogative of appealing to 
the State courts for assistance in such collection when it can 
be more advantageously proceeded with in the State courts. Any 
proceeding which may be undertaken by individuals enjoining 
the Comptroller of the Currency or any receiver of a bank acting 
under his orders is also to be brought in the lower courts of the 
United States. 

When any alien person deems that he has suffered a wrong, 
and which is in violation of the laws of nations, or of the treat- 
ies of the United States, he may bring an action for remedy in 
an appropriate District Court of the United States. District 
Courts also have jurisdiction of suits against consuls and vice- 
consuls of foreign nations. The bankruptcy proceedings under 
the national bankruptcy laws hereinafter described are also un- 
der the jurisdiction of the District Court which is made the 
court of bankruptcy and which performs various duties with re- 
lation to the review and approval of the subordinate officials in 
bankruptcy proceedings, besides being the appropriate jurisdic- 
tional court for suits of law which grow out of matters relating 
to bankruptcy cases. 

Concurrent jurisdiction is given to lower courts with the 
Court of Claims in all claims not exceeding $10,000 in value, 
which may be founded upon the Constitution of the United States, 
any law of Congress, regulation of an Executive department, 
or upon any contract express or implied with the Government 
of the United States, or for damages in such cases other than 
those arising in tort. Without this express provision it would 
not be possible for any person to bring suit against the United 
States for the reason that the latter, as one of the prerogatives 
of sovereignty, is not sueable in its own court, or in any court 
thus far recognized. The provision just stated, however, en- 
ables a person who has a claim against the United States, or 



2IO THE AMERICAN GOVERNMENT. 

who deems that he has been unjustly treated in consequence of 
any action of the United States taken by an officer of the Federal 
Government, to have his grievance adjudicated by a United 
States Court. This privilege, however, is especially withheld 
with regard to claims growing out of the late Civil War, or claims 
which have been investigated by any court, department, or com- 
mission prior to March 3, 1887, and rejected or reported on 
adversely by such adjudicating body. Claims which do not 
come within the permission granted to sue the United States can 
only be passed upon by Congress itself through the medium of 
a special bill introduced in Congress and referred to an appro- 
priate committee. Jurisdiction over claims for pensions is also 
denied to these courts as well as jurisdiction in cases brought to 
recover fees, salaries or compensations for the official services of 
officers of the United States. There is further a limitation of 
time during which the allowable suits may be brought, which 
is three years from the time the right accrued for which the 
claim is made and all suits under the foregoing provision must 
be tried by the court without a jury. 

The greater proportion of the proceedings arising under re- 
cent acts of Congress are brought within the scope of the 
jurisdiction of the lower courts of the United States. Among 
such matters are the proceedings contemplated by law to restrain 
and prevent by writ of injunction the unlawful enclosure of 
public lands. A further addition to the jurisdiction of the cir- 
cuit courts was made in connection with the legislation based 
upon the constitutional power to regulate commerce between 
the States and with foreign nations. In connection with the 
operation of the Interstate Commerce Commission all proceed- 
ings found necessary to^ secure the production of books, papers 
and documents before that Commission and the attendance and 
the testimony of witnesses are to be brought in the appropriate 
circuit courts which have also jurisdiction of all suits for the 
recovery of penalties or damages for the violation of any Interstate 
Commerce law. A similar jurisdiction is given to the circuit courts in 
connection with proceedings brought to prevent and restrain opera- 



THE AMERICAN GOVERNMENT. 211 

tions which are alleged to be in restraint of trade so that these courts 
have jurisdiction over, and hold and conduct the hearings in original 
proceedings to enforce the terms of the Sherman Anti-trust law, 
so-called, by virtue of which the United States has sought to 
break up combinations which have for their purpose the mon- 
opolization of different branches of trade and commerce, and the 
destruction of competition by such monopolies with persons 
and firms carrying on independent undertakings in the various 
lines of trade. Provision has been made by Federal statute for a 
system of arbitration between a carrier engaged in the trans- 
portation of interstate commerce and its employees. Jurisdic- 
tion is given by the statutes to the Federal courts to compel wit- 
nesses to attend and testify, and for the production of books, 
papers, and other documents before any board of arbitration 
which may be appointed under these laws. The proceedings in- 
volving the right of any person in whole or in part of Indian 
blood to participate in the allotment of land in severalty, which 
have been going on under the Interior Department for a number 
of years are also to be brought in the lower courts. These courts 
also have jurisdiction in causes arising under the immigration 
Ikws of the United States, and also have appellate jurisdiction 
over decisions of United States Commissioners rendered under 
the terms of such laws. Special jurisdictional provisions are 
also made for the consideration of criminal cases by certain 
district courts so that their scope is extended over certain por- 
tions of the territory of the United States which would not other- 
wise be included within any judicial district. 

A very important section of the aspect of the Federal proce- 
dure relates to the removal of causes which have begun in 
State courts to the appropriate courts of the United States. In 
any cause arising under the Constitution, laws or treaties of the 
United States where the lower courts of the United States have 
original jurisdiction and in any suit against an officer or agent 
of the United States, or in a case where the United States is 
the real defendant in interest, the defendant may, upon showing 
the jurisdiction of the court in the case secure the removal of 



^12 THE AMERICAN GOVERNMENT. 

the case to a court of the United States, Provision is also made 
by which a defendant who is a resident of another State from 
that in which the action is brought, can secure the removal of 
the hearing of the case to the United States court, especially 
if he is able to aver that he will, because of local influence, be 
unable to secure a due and impartial hearing in the State courts. 
A similar removal can be secured when the question at issue 
before the State court relates to conflicting claims under land 
grants of two different States, or when it is alleged that the 
courts of the State cannot enforce a proper remedy, or when a 
proper remedy is denied in the State court. Upon an order of 
removal to the Federal Court being granted, the proceeding in 
the State court ceases and determines, and the case proceeds in 
the United States court as though it had originally been brought 
there. The clerk of the State court is required to furnish a transcript 
of the case upon the legal fee being tendered to him, or, if for any 
reason the record cannot be furnished to the Federal Court, the 
other side to that which has secured the removal can be required 
by to plead anew in the case. 

Specific provisions are made as to the districts in which cer- 
tain offenses may be punished or cases tried. The trial of all 
offenses committed upon the high seas will be conducted in the 
district in which the offender is found or into which he may be 
first brought. When an offense is begun in one district and 
completed in another, the prosecution may be brought in either 
district. Pecuniary penalties may be recovered either in the 
■district where they accrue, or in the district where the offender is 
found Taxes under the internal revenue law may be col- 
lected either in the district where the liability accrues or in that 
in which the person liable resides. Proceedings against prop- 
erty seized may be taken in any district court into which the 
property may be taken. Proceedings in tax cases may be 
brought in the district of which the defendant is an inhabitant 
or in that in which he has a regular place of business, and in 
the latter case an authorized agent may be served with the pro- 
cess. Proceedings against national bank associations are brought 



THE AMERICAN GOVERNMENT. 213 

in the district in which the bank is located, and provision is made 
where there are two or more defendants that duplicate writs may 
be issued and the proceedings brought in either of the districts 
in which there is a defendant and the duplicate certified to the 
marshal of another district. In other cases than those which are pro- 
vided by law, the proceedings must be brought in the district in which 
the subject matter of the action is located or where the offense 
was committed. 

The United States Circuit and District Courts are held at the 
following places and times: 

Alabama — Northern District : Circuit and district courts for northern 
division : First Tuesday in April and second Tuesday in October, at 
Hun tsville. 

Circuit and district courts for southern division : First Monday in 
March and September, at Birmingham. 

Circuit and district courts for eastern division: Court at Anniston on 
first Monday in May and November. 

Circuit and district courts for the western division : Court at Tusca- 
loosa on first Tuesday in January and June. 

Alabama — Middle District: Circuit and district court: First Tuesday in 
May and December, at Montgomery. 

A session of the district court is also held on the first Monday of each 
month, under rules adopted. 

Alabama — Southern District : Circuit and district courts : Fourth Monday 
in November and first Monday in May, at Mobile; first Monday in May 
and first Monday in November, at Selma. 

Alaska — Division No. i : At least four terms of court in the division each 
year — two at Juneau and two at Skagzvay — and the judge shall, as near 
January i as practicable, designate the time of holding the terms during 
the current year. Terms set for calendar year 1906 as follows : At 
Skagway, commencing June 4, 1906, and November 12, 1906. At Juneau, 
commencing Monday, November 26, 1906. Special term at Ketchikan, 
commencing October 15, 1906 

Alaska — Division No. 2: Special term at Council each year at a time fixed 
by the court. A regular term as directed by act of June 6, 1900, at St. 
Michael, commencing the third Monday in June. Special terms held at 
Nome as the business requires. 



214 THE AMERICAN GOVERNMENT. 

Alaska — Division No. 3 : At least one term of court each year at Eagle 
City, beginning on the first Monday in July. Special terms at times and 
places as the judge or Attorney-General may direct. 

Special terms have been held at Eagle, Rampart, Fairbanks, Nushagak, 
Valdez and Circle City. 

Arizona — Supreme court : Second Monday in January each year at Phoenix. 

First judicial district: Fourth Monday in April and fourth Monday 
in October, at Tucson. 

Second judicial district: Fourth Monday in April and fourth Monday 
in October, at Tombstone. 

Third judicial district : Third Monday in April and third Monday in 
October, at Phoenix. 

Fourth judicial district: First Monday in May and First Monday in 
November, at Prescott. 

Fifth judicial district: For the year 1906, last Monday in January 
and first Monday in October, at Solomonville ; and thereafter, first Mon- 
day in April and first Monday in October, at Solomonville. 

Arkansas — Eastern District : Circuit and district courts : Western division : 
First Monday in April and third Monday in October, at Little Rock. 

Eastern division : Second Monday in March and first Monday in Oc- 
tober, at Helena. 

Northern division : Fourth Monday in May and second Monday in 
December, at Batesviile. 

Arkansas — Western District: Fort Smith division. Fort Smith: Second 

Mondays in January and June. Texarkana division, Texarkana: Second 

Mondays in May and November. Harrison division, Harrison: Second 
Mondays in April and October. 

California — Northern District : Circuit court, at San Francisco : First 
Monday in March, second Monday in July, and first Monday in Novem- 
ber. At Eureka: Third Monday in July. 

District court, at San Francisco: First Monday in March, second 
Monday in July, and first Monday in November. At Eureka: Third 
Monday in July. 

California — Southern District : Circuit and district courts : Northern di- 
vision, first Monday in May and second Monday in November, at Fresno. 
Southern division, second Mondays in January and July, at Los An- 
geles. 

Colorado — Circuit and district courts : At Denver, first Tuesday in May and 
November; at Pueblo, first Tuesday in April; at Montrose, second Tues- 
day in September. 



THE AMERICAN GOVERNMENT. 215 

Connecticut — Circuit court: Fourth Tuesday in April, at New Haven; 
second Tuesday iv October, at Hartford. 

District court : At New Haven, fourth Tuesdays in February and 
August ; at Hartford, fourth Tuesday in May, first Tuesday in December. 
Delaware — Circuit court : Third Tuesdays in June and October at Wil- 
mington. 

District court : Second Tuesdays in January, April, June and Septem- 
ber, at Wilmington. 
DISTRICT OF Columbia — Times of holding courts. — Court of Appeals : First 
Tuesdays after first Monoays in January, April and October. 

Supreme court, general term: First Mondays in January, April and 
October. 

Circuit and criminal courts : First Tuesdays in January, April and 
October. 

Equity courts : First Tuesday in every month. 
District court: First Mondays in January and July. 
Florida — Northern District : Times and places of holding courts. — Circuit 
and district courts : First Monday in February, at Tallahassee ; first 
Monday in March, at Pensacola. 
Florida — Southern District : Times and places of holding courts. — Circuit 
and district courts : Second Monday in February, at Tampa; first Mon- 
days in May and November, at Key West ; first Monday in December, at 
Jacksonville ; third Monday in January, at Ocala; fourth Monday in 
April, at Miami; first Monday in April, at Fernandina. 

'Georgia — Northern District : Northern division, circuit and district courts : 
At Atlanta, first Mondays in October and second Mondays in March. 

Western division, circuit and district courts : At Columbus, first Mon- 
days in May and December. 

Northwestern division, circuit and district courts : At Rome, third 
Mondays in May and November. 

Eastern division, circuit and district courts: At Athens, fourth Mon- 
day in April and first Monday in November. 

Georgia — Southern District : Circuit court : First Mondays in May and Oc- 
tober, at Macon. Second Monday in April and Thursday after first 
Monday in November, at Savannah. First Monday in April and third 
Monday in November, at Augusta. Second Mondays in June and De- 
cember, at Valdosta. Third Mondays in June and December, at Albany. 
District court : First Mondays in May and October, at Macon. Second 
Tuesdays in May, February, August and November, at Savannah. First 
Monday in April and third Monday in November, at Augusta. Second 
Mondays in June and December, at Valdosta. Third Mondays in June 
and December, at Albany. 



2i6 ' THE AMERICAN GOVERNMENT. 

Hawaii — District court, at Honolulu the second Mondays in April and Octo- 
ber, and at Hilo the last Wednesday in January. Special terms may be 
held at such times and places as the judge may deem expedient. 

Idaho — Circuit and district courts : Northern division, at Moscow, second 
Monday in May and fourth Monday in October. 

Central division : At Boise, second Mondays in March and September. 

Southern division: At Pocatello, second Monday in April and first 
Monday in October. 

Illinois — Northern District: Circuit and district courts: Eastern division,, 
at Chicago, first Monday in July, third Monday in December. 

Western division, at Freeport, third Mondays of April and October. 
"Adjourned terms" (created by rule of court) : Chicago, first Monday 
in March, first Monday in May, first Monday in October. 

Illinois — Eastern District : Circuit and district courts : First Mondays in 
March and September, at Danville ; first Mondays in April and October, 
at Cairo; and first Mondays in May and November, at East St. Louis. 

Illinois— Southern District : Circuit and district courts : First Monday in 
January and June, at Springfield; first Monday in September, at Quincy; 
third Monday in April and October, at Peoria. 

All offenses committed in the northern division are tried at Peoria; in 
the southern at Springfield and Quincy. 

Indiana — Circuit and district courts : First Tuesdays in May and November, 
at Indianapolis; first Mondays in January and July, at New Albany; first 
Mondaj's in April and October, at Evansville ; second Tuesdays in June 
and December, at Fort Wayne ; third Tuesdays in April and October, at 
Hammond. 

Iowa — Northern District : Circuit and district courts. Cedar Rapids division. 
Cedar Rapids: First Tuesday in April and second Tuesday in September. 

Eastern division, Dubuque: Fourth Tuesday in April and first Tuesday 
in December. 

Western division, Sioux City: Fourth Tuesday in May and first Tues- 
day in October. 

Central division. Fort Dodge: Second Tuesday in June and November. 

Iowa — Southern District : Circuit and district courts, western division : At 
Council Bluffs, second Tuesday in March and third Tuesday in Septem- 
ber. 

Southern division: At Creston, fourth Tuesday in March and first 
Tuesday in November. 

Eastern division : At Keokuk, second Tuesday in April and third Tues- 
day in October. 



THE AMERICAN GOVERNMENT. 217 

Davenport division : At Davenport, fourth Tuesday in April and first 
Tuesday in October. 

Central division: At Des Moines, second Tuesday in May and third 
Tuesday in November. 

Kansas — First division, circuit court : First Monday in June, at Leavet^ 
worth; fourth Monday in November, at Topeka. 

Circuit and district courts : First Monday in October and second Mo»- 
day in January, at Kansas City. 

District court: Second Monday in April, at Topeka; second Monday 
in October, at Leavenworth; second Monday in May, at Salina. 

Second division, circuit and district courts : Second Mondays in March 
and September, at Wichita. 

Third division, circuit and district courts : First Monday in May and 
second Monday in November, at Fort Scott. 

Kentucky — Eastern District : Circuit and district courts : Frankfort, sec- 
ond Monday in March and fourth Monday in September; Covington, 
first Monday in April and third Monday in October; Richmond, fourth 
Monday in April and second Monday in November ; London, second 
Monday in May and fourth Monday in November; Catlettsburg, fourth 
Monday in May and second Monday in December. 

Kentucky — Western District: Louisville, second Monday in March and 
second Monday in October. Paducah, third Monday in April and third 
Monday in November. Owensboro, first Monday in May and fourth 
Monday in November. Bowling Green, third Monday in May and second 
Monday in December. 

Louisiana — Eastern District : Circuit court : At New Orleans, fourth Mon- 
day in April and first Monday in November. At Baton Rouge, second 
Mondays in April and November. 

District court : At New Orleans, third Mondays in February, May 
and November. At Baton Rouge, second Mondays in April and Novem- 
ber. 

Louisiana — Western District: Circuit and district courts: First Mondays 
in January and June, at Opelousas; fourth Mondays in January and 
June, at Alexandria ; third Mondays in February and October, at Shreve- 
port; first Mondays in April and October, at Monroe; third Mondays in 
May and December, at Lake Charles. 

Maine — Circuit court : Third Tuesdays in April and September, at Portland. 
District court: First Tuesdays in February and December, at Portland; 
first Tuesday in June, at Bangor ; first Tuesday in September, at Bath. 



2i8 THE AMERICAN GOVERNMENT. 

Maryland — Circuit court : First Mondays in April and November, at Balti- 
more; second Monday in May and last Monday in September, at Cum- 
berland. 

District court: First Tuesdays in March, June, September and De- 
cember, at Baltimore; second Monday in May and last Monday in Sep- 
. tember, at Cumberland. 

Massachusetts — Circuit court: Last Tuesday in February and third Tues- 
day in October. District court : Third Tuesday in March, fourth Tues- 
day in June, second Tuesday in September, and first Tuesday in Decem- 
ber, at Boston. 

Michigan — Eastern Distiict: Circuit and district courts: Southern divi- 
sion at Detroit, first Tuesdays in March, June and November. 

Northern division, at Bay City, first Tuesdays in May and October. 
Terms of court at Port Huron in the discretion of the judge. 

Michigan — Western District : Circuit and district courts : Grand Rapids 
(southern division), first Tuesda3^s in March and October; Marquette 
(northern division), first Tuesdays in May and September. 

Minnesota — Circuit court of appeals : First Monday in May, at St. Paul,. 
Minn. Circuit and district courts, first division : Third Tuesdays in 
May and November, at Winona. 

Second division : Fourth Tuesdays in April and October, at Mankato.. 

Third division : First Tuesdays in June and December, at St. Paul. 

Fourth division: First Tuesdays in April and October, at Minneapolis.. 

Fifth division : Second Tuesdays in January and July, at Duluth. 

Sixth division : First Tuesday in May and second Tuesday in Novem- 
ber, at Fergus Falls. 

Mississippi — Northern District : Circuit and district courts : At Oxford, 
first Mondays in June and December; at Aberdeen, first Mondays in 
April and October. 

Mississippi — Southern District : Circuit and district courts : At Jackson, 
first Mondays in May and November; at Vicksburg, first Mondays in 
July and January; at Biloxi, third Mondays in February and August; 
at Meridian, second Mondays in March and September. 

Missouri — Eastern District : Eastern Division: Circuit court, at St. LouiSy 
third Mondays in March and September. District court, at St. Louis,. 
first Mondays in May and November. 

Northern division : Circuit and district courts, at Hannibal, fourth 
Monday in May and first Monday in December. 

Southeastern division : Circuit and district courts, at Cape Girardeau, 
second Mondays in April and October. 



THE AMERICAN GOVERNMENT. 219 

Missouri — Western District: Joplin, second Mondays in January and June; 
St. Joseph, first Monday in March and third Monday in September; 
Jefferson City, third Mondays in March and October; Springfield, first 
Mondays in April and October; Kansas City, fourth Monday in April 
and first Monday in November. 

Montana — First Mondays in April and November, at Helena; first Tuesdays 
in February and September, at Butte; first Mondays in May and October, 
at Great falls. 

Nebraska — Omaha, first Monday in May and second Monday in November; 
Lincoln, third Monday in January and first Monday in October ; Hastings, 
third Monday in April ; Norfolk, fourth Monday in April. 

Nevada — Circuit court: At Carson City, third Monday in March and first 
Monday in November. 

District court: At Carson City, first Mondays in February, May and 
October. 
Nev^ Hampshire— Circuit court: Portsmouth, first Tuesday in May; Little- 
ton, last Tuesday in August; Concord, second Tuesday in December. 

District court: Portsmouth, third Tuesdays in March and September; 
Concord, third Tuesdays in June and December; Littleton, last Tuesday 
in August. 
New Jersey— Circuit court: Fourth Tuesdays in March and September, at 
Trenton. 

District court: Third Tuesdays in January, April, June and Septem- 
ber, at Trenton. 
New Mexico — Supreme court :At Santa Fe, the first Wednesday after the 
first Monday in January. 

First district: At Satita Fe, United States court, first Mondays in 
March and September. 

Second district: At Albuquerque, United States court, third Mondays 
in March and September. 

Third district: At Las Cruces, United States court, first Mondays in 
April and October. 

Fourth district: At Las Vegas, United States court, second Mondays 
in May and November. 

Fifth district: At Roswell, United States court, third Mondays in 
April and October. 

Sixth district: At Alamogordo, United States court, fourth Mondays 
in May and November. 

New York— Northern District: Circuit court: First Tuesday in April, at 
Syracuse; second Tuesday in February, at Albany; first Tuesday in 
December, at Utica. District court: Second Tuesday in February, at 



220 THE AMERICAN GOVERNMENT. 

Albany; first Tuesday in December, at Utica; second Tuesday in June, 
at Binghamton ; first Tuesday in October, at Auburn; first Tuesday in 
April, at Syracuse; and, in the discretion of the judge of the court, one 
term annually at such time and place within the counties of Saratoga, 
Onondaga, St. Lawrence, Clinton, Jefferson, Oswego, and Franklin as 
he may from time to time appoint. 

New York — Southern district: Circuit court: Last Monday in February, 
first Monday in April, and third Monday in October; and (criminal only) 
second Wednesday in January, March, May, October, and December, 
and third Wednesday in June, at New York City. 
District court : First Tuesday in each month, at New York City. 

New York — Eastern District : Circuit and district courts : First Wednesday 
in every month, at Brooklyn. 

New York — Western District: Circuit court: Second Tuesday in May, at 
Rochester; second Tuesday in September, at Canandaigua; second Tues- 
day in November, at Buffalo. 

District court: Second Tuesday in January, at Elmira; second Tues- 
days in March and November, at Buffalo; second Tuesday in May, at 
Rochester; second Tuesday in July, at Jamestown; second Tuesday in 
October, at Lockport. 

ISToRTH Carolina — Eastern District: Circuit and district courts: At Wash- 
ington, second Mondays in April and October; at Elizabeth City, third 
Mondays in April and October; at Newbern, fourth Mondays in April 
and October; at Wilmington, first Mondays after the fourth Mondays 
in April and October; at Raleigh, fourth Monday in May and first Mon- 
day in December. 

North Carolina — Western District : Circuit and district courts : Greens- 
boro, first Mondays in April and October; Statesville, third Mondays in 
April and October; Asheville, first Mondays in May and November; 
Charlotte, second Mondays in June and December; Wilkesboro, fourth 
Mondays in May and November. 

North Dakota — Circuit and district courts: First Tuesday in March, at 
Bismarck; third Tuesday in May, at Fargo; first Tuesday in July, at 
Devils Lake; second Tuesday in November, at Grand Forks; second 
Tuesday in October, at Minot. 

Ohio — Northern District : Circuit and district courts : On the first Tuesdays 
in February, April, and October, at Cleveland, for the eastern division, 
and the first Tuesdays in June and December, at Toledo, for the western 
division of the district. 



THE AMERICAN GOVERNMENT. 221 

Ohio — Southern District : Circuit and district courts : Western division, 
first Tuesdays ;n February, April, and October, at Cincinnati; Eastern 
division, first Tuesdays in June and December, at Columbus. 
Eastern division, first Tuesdays in June and December, at Columbus. 

Oklahoma — Eastern District : Circuit and district courts : Muskogee, first 
Monday in January; Vinita, first Monday in March; Tulsa, first Monday 
in April; South McAlester, first Monday in June; Ardmore, first Monday 
in October ; Chickasha, first Monday in November. 

Oklahoma — Western District : Circuit and district courts : Guthrie, first 
Monday in January; Oklahoma City, first Monday in March; Enid, first 
Monday in June; Lawton, first Monday in October. 

Oregon — United States circuit court: At Portland, second Monday in April 
and first Monday in October. 

United States district court: At Portland, first Mondays in March, 
July and November. 

Pennsylvania — Eastern District: Circuit court: First Mondays in April 
and October, at Philadelphia. 

District court : Second Mondays in March and June, third Monday in 
September, and second Monday in December, at Philadelphia. 

Pennsylvania — Middle District : Circuit and district courts : Scranton, 
fourth Monday in February and third Monday in October; Harrisburg, 
first Monday in May and first Monday in December; Williamsport, sec- 
ond Monday in January and second Monday in June. 

Pennsylvania — Western District: Pittsburg, district court, first Monday of 
May and third Monday of October. Circuit court, second Mondays of 
May and November. 

Erie, district court, third Monday of July and second Monday of Jan- 
uary. Circuit court, third Monday of July and second Monday of January. 

PoRTO Rico — San Juan, April and October ; Ponce, January ; Mayaguez, 
special term immediately following January term at Ponce. 

Rhode Island — Circuit court : At Providence, fourth Tuesday in May, and 
November 15. 

District court : At Providence, first Tuesdays in February and August ; 
at Newport, second Tuesday in May and third Tuesday in October. 

South Carolina — Circuit court: First Tuesday in April, at Charleston; 
third Tuesdays in April and October, at Greenville ; fourth Tuesday in 
November, at Columbia; first Tuesday in March, at Florence. 

District Court : First Tuesdays in June and December, at Charleston; 
third Tuesdays in April and October, at Greenville; fourth Tuesday in 
November, at Columbia; first Tuesday in March, at Florence. 



222 THE AMERICAN GOVERNMENT. 

South Dakota — Circuit and district courts : At Sioux Falls, first Tuesday in 
April and third Tuesday in October; at Aberdeen, first Tuesday in May 
and second Tuesday in November; at Deadwood, third Tuesday in May 
and first Tuesday in September; at Pierre, second Tuesday in June and 
first Tuesday in October. 

Tennessee — Eastern District: Circuit and district courts: First Monday 
in March and second Monday in September, at Knoxville; first Mondays 
in April and December, at Chattanooga; and first Mondays in June and 
November, at Greeneville. 

Tennessee — Middle District: Circuit and district courts: at Nashville, first 
Mondays in May and October. 

Tennessee — Western District: Circuit and district courts: At Jackson, 
fourth Mondays in April and October; at Memphis, fourth Mondays in 
May and November. 

Texas— Northern District: Circuit and district courts: At Dallas, second 
Monday in January and first Monday in May ; at Fort Worth, second Mon- 
day in March and first Monday in November; at Abilene, second Monday 
in April and first Monday in October; at San Angelo, fourth Monday in 
April and third Monday in October. 

Texas — Southern District : At Galveston, second Monday in January and first 
Monday in June; at Houston, fourth Mondays in February and Septem- 
ber ; at Laredo, third Monday in April and second Monday in November ; 
at Brownsville, second Monday in May and first Monday in December; 
at Victoria, fourth Monday in November and first Monday in May. 

Texas — Eastern District: Tyler, fourth Monday in January and fourth 
Monday in April; Jefferson, first Monday in October and third Monday 
in February; Beaumont, third Monday in November and first Monday in 
April; Sherman, first Monday in January and third Monday in May; 
Paris, fourth Monday in October and second Monday in March; Tex- 
arkana, twice a year, at times to be fixed by judges. 

Texas— Western District: Austin: Fourth Monday in January; second 
Monday in June. Waco : Fourth Monday in February ; second Monday in 
November. El Paso: First Monday in April; first Monday in October. 
San Antonio: First Monday in May; third Monday in December. 
Del Rio: Fourth Monday in October; third Monday in March, each year. 

Utah — Circuit and district courts : Second Mondays in April and November, 
at Salt Lake; second Mondays in March and September, at Ogden. 

Vermont — Fourth Tuesday in February, at Burlington; third Tuesday in May, 
at Windsor; first Tuesday in October, at Rutland. In each year one of 
the stated terms of circuit and district court may be adjourned to meet 
at Newport. 



THE AMERICAN GOVERNMENT. 223 

Virginia— Eastern District: Circuit and district courts: First Mondays in 
April and October, at Richmond; first Mondays in May and November, 
at Norfolk; first Mondays in January and July, at Alexandria. 

Virginia— Western District : Circuit and district courts : At Charlottesville, 
the second Monday in January and the first Monday in July; at Roanoke, 
the third Monday in February and the third Monday in June ; at Lynch- 
burg, on the Tuesday after the second Monday in March and September; 
at Danville, on the luesday after the second Monday in April and 
November; at Abingdon, on the Tuesday after the first Monday in May 
and October; at Harrisonburg, on the Tuesday after the first Monday 
in June and December; at Bigstone Gap, fourth Monday in January and 
second Monday in August. 

Washington— Eastern District: Circuit and district court, eastern division: 
At Spokane, First Tuesdays in April and September. Circuit and district 
court, southern division: At North Yakima, first Tuesdays in May and 
October; at Walla Walla, first Tuesdays in June and December. 

Washington— Western District: Circuit and district courts: Northern 
division, at Seattle, first Tuesdays in May and November; western divi- 
sion, at Tacoma, first Tuesdays in February and July. 

West Virginia— Northern District: Circuit and district courts: Wheeling, 
first Tuesday in April and third Tuesday in September; Clarksburg, 
third Tuesday in April and first Tuesday in October; Martinsburg, sec- 
ond Tuesday in May, third Tuesday in October; Parkersburg, circuit 
court, second Tuesday in January and second Tuesday in June. 

West Virginia— Southern District : Circuit and district courts ; Huntington, 
first Tuesday in April and first Tuesday after the third Monday in 
September; Blue/ield, first Tuesday in May and third Tuesday in Octo- 
ber; Charleston, first Tuesday in June and third Tuesday in November; 
Lewisburg, second Tuesday in February. District court at Addison, 
first Monday in September. 

Wisconsin— Eastern District: Circuit and district courts: First Monday 
in January and October, at Milwaukee; second Tuesday in June, at Osh- 
kosh; first Tuesday in April, at Green Bay. 

Wisconsin— Western District: Circuit and district courts: First Tuesday 
in December, at Madison; first Tuesday in June, at Eau Claire; third 
Tuesday in September, at La Crosse; third Tuesday in June, at Superior. 
Special terms : At Madison, fourth Tuesday in June and first Tuesday 
in October. The clerk residing at Madison shall attend all terms of 
said courts at Eau Claire and Superior, as clerk thereof. 

Wyoming — Circuit and district courts: At Cheyenne, second Mondays in 
May and November ; at Evanston, second Tuesday in July, and at Sheri- 
dan, or in National Park at such dates as the court may order. 



224 THE AMERICAN GOVERNMENT. 

THE CIRCUIT COURT OF APPEALS. 

Under the provisions made for the appeal of cases from the 
inferior United States courts to the Supreme Court, the growth 
of Federal procedure due to the increase in population and the 
closer relations between the States brought about a great in- 
crease from year to year in the number of cases on the docket of 
the Supreme Court. The number of cases pending became so 
great that excessive delays were experienced in securing de- 
cisions on the mass of cases, and considerable hardship was ex- 
perienced by litigants whose cases were of such nature that they 
could not be advanced for hearing, except as a last resort on the 
plea that they had frequently been passed over in behalf of 
cases which were deemed to have been of greater public import- 
ance. To meet the need, the Congress in 1891 passed a law 
establishing a Circuit Court of Appeals. While there is no 
position of Judge of the Circuit Court of Appeals as such, the 
position appertains to the official position respectively of Su- 
preme Court Justices or Circuit Judges and of District Judges of 
the United States, 

There is in each circuit a Circuit Court of Appeals consisting 
of three judges, that is, that for each term of such court, three 
judges shall be assigned, but two of the three judges shall be a 
quorum to hold a sitting within the time of the term. The 
judges who are eligible to sit as members of the Circuit Court 
of Appeals are the Justices of the Supreme Court to whom the 
circuit has been assigned, the Judge or Judges of the Circuit 
Court, and the District Judges within the circuit in question. If 
the Supreme Court Justice does not appear, the senior Circuit 
Court Judge presides. If the Circuit Court of Appeals is not 
made up of a Justice of the Supreme Court and two Circuit 
Judges, one or more of the District Judges within the circuit 
shall be designated by the court to sit as Judges of the Circuit 
Court of Appeals. The restriction is, however, made that no 
Judge of the Circuit or District Court from whose ruling an 
appeal has come shall sit in judgment on the appeal. 

In the act constituting the circuit courts of appeal, it was pro- 



THE AMERICAN GOVERNMENT. 225 

vided that no appeal should thereafter be taken from a district 
court to any of the circuit courts, but that such appeals should 
be taken to the circuit courts of appeal and the appeals from 
circuit courts should be divided between the Supreme Court 
and the Circuit Court of Appeal in the manner set forth in the 
act. It was provided that appeals could be taken directly to 
the Supreme Court from districts and circuit courts as follows: 

In cases where the jurisdiction of the court was at issue, in 
which case the question of the jurisdiction alone should go to 
the Supreme Court. 

From the final sentences and decrees in prize causes ; in cases 
of conviction of capital crime ; in cases involving the application 
or construction of the Constitution of the United States or the 
constitutionality of any law or any treaty made by the United 
States and in cases in which the law of a State is claimed to be 
in contravention of the Constitution of the United States. Spe- 
cific restriction was made of the right of appeal from the highest 
court of a State to the Supreme Court of the United States in 
cases in which the latter was given jurisdiction by the Constitu- 
tion. 

In all other cases the Circuit Court of Appeals is given the 
appellate jurisdiction, that is that an appeal should not be made 
to the Supreme Court in other cases than those named, but 
should be reviewed in consequence of an appeal or a writ of 
error by the Circuit Court of Appeals. Provision is, however, 
made that the Congress may by law change the allotment of ap- 
peals and send certain classes of cases to the Supreme Court 
on appeal should such action seem desirable for the public wel- 
fare. Provision has, and may be made also for the jurisdiction 
by the Circuit Court of Appeals over appeals from arbitrators 
and other semi-judicial bodies that may be established by law. 

It is manifest that the object of relieving the pressure of busi- 
ness on the Supreme Court would not be accomplished if the 
Circuit Court of Appeals was made a medium or merely carry- 
ing cases between the inferior and the Supreme Court. It was 
therefore, made a court of final decision in cases arising under 



226 THE AMERICAN GOVERNMENT. 

the patent laws, the revenue laws, the criminal laws, admiralty 
practice and in all cases where the jurisdiction is dependent on 
the fact that the parties to a controversy are not of the same 
state and under the jurisdiction of the courts of a State. In all 
cases not made final by these provisions an appeal to the Supreme 
Court from the Circuit Court of Appeals is made possible where 
the matter in controversy exceeds a thousand dollars in value. 

While the above mentioned classes of cases are made final 
in the Circuit Court of Appeals so far as the litigants are con- 
cerned, they are not removed from the power or authority of the 
Supreme Court. The Circuit Court of Appeals may certify points 
of law on which it may desire instruction to the Supreme Court, 
and the Supreme Court may in its discretion direct the Circuit 
Court of Appeals to send up a case pending before it, and the 
Supreme Court may take up such case as if it was originally 
appealable. 

In the revision of the law heretofore referred to, it is proposed 
to make the Circuit Court wholly a court of appeal, without 
original jurisdiction, so that the distinction between the Circuit 
Court and the Circuit Court of Appeals, would be abolished, 
together with the latter itself, making the Circuit Court the 
appellate court of the Federal procedure immediately above the 
court of original jurisdiction. 

TIMES AND PLACES OF HOLDING CIRCUIT COURTS OF APPEALS. 

First circuit : Annual term, first Tuesday in October ; stated 
sessions, first Tuesday in every month ; sessions for hearing 
cases, first Tuesday in January and October, and second Tuesday 
in April, at Boston, Mass. 

Second circuit : Third Tuesday in October, at New York City. 

Third circuit: First Tuesday in March and first Tuesday in 
October, at Philadelphia. 

Fourth circuit : First Tuesday in February, first Tuesday in 
May, and first Tuesday in November, at Richmond, Va. 

Fifth circuit : First Monday in October, at Atlanta, Ga. ; third 
Monday in October, at Montgomery, Ala. ; first Monday in Nov- 



THE AMERICAN GOVERNMENT. 227 

ember, at Fort Worth, Tex, and third Monday in November, 
at New Orleans, La. 

Sixth circuit : Tuesday after the first Monday of October, and 
adjourned sessions on the Tuesday after the first Monday of 
each month in the year, except August and September, at Cin- 
cinnati, Ohio. 

Seventh circuit: First Tuesday in October. Term is divided 
into three sessions, beginning on first Tuesdays in October and 
January, and second Tuesday in April, at Chicago, 111. 

Eighth circuit : First Monday in May, at St. Paul, Minn. ; first 
Monday in September, at Denver, Colo. ; first Monday in Decem- 
ber at St. Louis, Mo. 

Ninth circuit: At San Francisco, Cal., annual term, commenc- 
ing first Monday in October; adjourned sessions on first Mon- 
day in each month ; calendar sessions for hearing of causes com- 
mence on first Monday in October, February, and May, respec- 
tively. At Seattle, Wash., annual term, second Monday in Sep- 
tember, for hearing of causes. At Portland, Oreg., annual term, 
third Monday in September, for hearing of causes. 

JUDGE OF THE COURT OF CLAIMS. 

It is one of the attributes of sovereignty that it cannot be 
sued without its own consent. The fact that it is superior to the 
judicial power constitutes the essence of sovereignty and it is 
necessary for every government to constitute means by which 
the individual who deems himself aggrieved may seek the fav- 
orable action of the sovereign. In monarchical countries, this 
lies in an appeal to the Crown, but in the United States the 
Congress entertains the appeal and provides relief through direct 
legislation, or by the Court of Claims in clases in which relief 
cannot be granted under general provisions of the statutes and 
which, were the cases matters of dispute between private parties, 
would be referred to the courts for adjudication. It is evident 
that a very considerable number of such cases would come up in 
the course of departmental practice, and in connection with 
government contracts, its disbursing of moneys, etc., and the 



228 THE AMERICAN GOVERNMENT. 

task of determining the facts in each case would occupy a large 
portion of the time of Congress in judicial functions. There 
has, therefore, for more than half a century, been a tribunal 
designed to advise Congress of the facts as the bases of its own 
action in connection with private claims. 

The Court of Claims was established by the act of February 
24, 1855, and was constituted in its present form by the act of 
1863, with subsequent amendments. It consists of a Chief Justice 
and four judges, each appointed by the President by and with 
the advice and consent of the Senate, and each receiving $6,000 
a year except the Chief Justice, who receives $6,500. It was 
originally intended that the court should sit in the Capitol in 
view of its junction as an assistant to Congress, and the Speaker 
of the House of Representatives was directed to allot rooms, but 
other provision has been made in the building formerly occupied 
by the Corcoran Art Gallery in Washington. The court holds 
one annual session beginning on the first Monday in December, 
and continuing until the completion of business. Three of the 
judges constitute " a quorum and the concurrence of three is 
necessary for the decision of any case. The court appoints its 
clerks and other employes. 

Members of Congress are forbidden to practice before the 
court whose decisions are stated to the heads of departments and 
auditing and controlling officers and also made the subject 
of a full report to Congress at the beginning of its December 
session. Any officer or employe of the Executive departments 
is forbidden to prosecute any claim which may come before the 
department or the Court of Claims which was pending while 
the officer or clerk was connected in the department, until two 
years after his retirement from the department. 

The members of the Court of Claims have jurisdiction to hear 
and determine all claims founded on any law of Congress, any 
regulation of an Executive department, or on any contract ex- 
pressed or implied and all claims which may be referred by 
either House of Congress. The court may also determine the 
force of all set-offs, counter-claims and claims for damages 



THE AMERICAN GOVERNMENT. 229 

on the part of the United States against any person making a 
claim in the court. 

Claims of pay, quartermaster and subsistence officers for re- 
lief from responsibility for the loss of funds, vouchers and papers 
whether by capture by opposing forces or otherwise are heard by 
the Court of Claims and it is given exclusive jurisdiction over 
proceedings brought by owners of abandoned property seized 
by Treasury officials during the Civil War, and for which the 
owners seek to recover. 

Any petition or bill praying for the satisfaction of a private 
claim against the government may be referred by the House 
in which it is pending to the Court of Claims for a finding of 
facts, equities or the amount due, which finding is to be reported 
back to the House in which the claim is pending. This pro- 
cedure is followed not only in individual cases, but in classes 
of cases. 

Heads of departments and the accounting officers of the 
Treasury have the right to refer cases to the Court of Claims 
for a finding when the claim involved amounts to more than 
three thousand dollars, and where it is one of a class of cases 
susceptible to similar treatment or when its decision involves 
an important precedent. Aliens whose governments allow United 
States citizens the right of similar proceedings may prosecute 
claims against the United States in the Court of Claims. All 
claims are barred unless filed within six years after the claim 
accrues, exceptions being made as to married women, minors 
and others subject to disabilities. 

The court has power to establish rules, to punish for con- 
tempt and appoint commissioners, administer oaths and per- 
form similar duties. Claimants must show the actual owner- 
ship of the claim and must sustain proof that they have not 
been engaged in, or abetted rebellion against the United States. 
The court has power to fix fees for taking testimony before its 
commissioners and also to call on the departments for informa- 
tion desired in connection with any claim. It may also decline 
to take testimony in any case in which the petition does not. 



230 THE AMERICAN GOVERNMENT. 

in the opinion of the court, contain facts which furnish ground 
for belief. Subpoenas issued by the Court of Claims for the 
taking of testimony have the same effect as if issued from a 
district court. The court has power to order a claim forfeited 
for fraud, if it determines that such practice has been efifected 
or attempted, and to permanently bar the prosecution of the 
claim. 

Upon final judgments by the court or affirmation of ap- 
pealed judgments, the amounts found due are payable out of 
any general appropriation made for the satisfaction of private 
claims. Specially referred claims by Congress for report of facts 
and findings are not final judgments, but depend on the legisla- 
tive action for satisfaction. Findings with relation to accounts of 
officers are certified to the accounting officers of the Treasury. 
Judgments for the payment of which there is no appropriation 
are certified by the Secretary of the Treasury to Congress in 
connection with the annual estimates when they are not appeal- 
able or have been afifirmed, and bear interest at the rate of four per 
cent, until appropriation is made for payment. Final judgment 
against a claim acts as a permanent bar for its subsequent prosecu- 
tion in any respect. 

There are two principal classes of claims that have been 
referred en masse by the Congress to the Court of Claims for 
investigation and report. These are for supplies and stores 
taken by or furnished to the armed forces of the United States 
during the Civil War and known as "Bowman Act" cases and 
those for vessels and goods captured and forfeited or destroyed 
by the French prior to the convention with the French republic 
in 1800. Under the Bowman act the court is expressly pro- 
hibited from considering claims for property destroyed or 
damaged during the Civil War although Congress itself has 
taken up a considerable number of such claims, and in claims 
for supplies the loyalty of the claimant during the war must be 
affirmatively established. Under the statute formerly in effect, 
no interested person could be a competent witness in behalf of a 
claim. This provision was repealed by the Bowman act which 



THE AMERICAN GOVERNMENT. 231 

provides that no person shall be excluded as a witness on ac- 
count of interest. 

The act relating to French spoliation claims the cases were 
specifically restricted to those under the convention before 
named, and the Secretary of State was directed to secure evi- 
dence abroad for the use of claimants and to turn it and the files 
of the department relating to these matters over to the files of 
the court. Claims were to be presented within two years (period 
closed 1887) and the finding of the court is stated to be advisory 
only, and Congress did not commit itself to the payment of the 
claims. In the Bowman act, on the other hand, the reports 
of the court are held to exist from session to session until the 
appropriation is made for the payment of the same. In several 
years appropriations have been made for the payment of French 
spoliation claims, but there is a reluctance to include these pay- 
ments in the annual appropriations and such payments as have 
been made have been practically forced as a condition of the 
payment of the awards under the Bowman act. By one of the 
acts appropriating money for the payment of French spoliation 
claims it was provided that the payments should be made to next 
of kin of those who sustained the losses and not to assignees 
in bankruptcy. 

By subsequent legislation to that above summarized district 
courts are given concurrent jurisdiction with the Court of Claims 
over claims amounting to one thousand dollars and circuit courts 
from one to ten thousand dollars. The Attorney General reports 
to Congress adverse decisions in such claims. 

In 1891 the work of examining into and adjudicating the 
claims arising out of Indian depredations was placed under the 
jurisdiction of the Court of Claims. The Interior Department 
had previously been authorized to take up the work and still 
retains a division of Indian depredations having other than the 
judicial functions. The claims heard include those for property 
of citizens of the United States taken or destroyed by Indians 
who at the time were in amity with the United States and in 
cases where no just cause or provocation was given by the owner 



232 THE AMERICAN GOVERNMENT. 

or agent in charge. Judgments in these cases by the Court of 
Claims are made final unless the court shall grant a rehearing 
and upon the decree of the court the amount found to be payable 
is taken from the funds of the tribe whose members were re- 
sponsible for the damage or from the Treasury and charged 
against any future payments which may become due the tribe 
from the United States. The Attorney General certifies to 
Congress such amounts due as there are no tribal funds to satisfy 
and appropriation is made for payment, charge against the tribe 
being made as before stated. 

TERRITORIAL JUDGES. 

In the organic act establishing each of the Territories, provi- 
sion was made for a judiciary consisting, in most of the Terri- 
tories, of a Supreme Court and district courts, with justices of 
the peace. An exception to this organization was made in the 
case of Alaska which has a Federal judiciary of three United States 
district judges, while in Hawaii a circuit court is added to the 
establishment. Each of the Territorial Judges is appointed by the 
President by and with the advice and consent of the Senate, and 
holds office for a term of four years. The inclusion of Oklahoma 
and the Indian Territory in a new State reduced the number of 
territorial judicial establishments to those in Arizona, New Mexico, 
Alaska, Hawaii and Porto Rico. In the first two. Judges 
ha.ve a dual capacity in that they pass upon questions relating 
to the Constitution and laws of the United States as well as on 
those relating to the laws of the Territory. It is generally pro- 
vided that certain days of a term shall be devoted to the con- 
sideration of United States business, the balance of the term 
being devoted to the business of the Territory. Appeals may 
be had from the Territorial courts to the Supreme Court of the 
United States, as stated under the heading of the Supreme 
Court. In addition to the judges, appointments for service in 
the Territorial courts of District Attorneys, Clerks, and United 
States Marshals are made in a similar manner to those appointed 
for the other United States circuit and district courts. The court 



THE AMERICAN GOVERNMENT. 233 

establishment of the District of Columbia consists of the usual 
police courts, with six justices of the peace for civil business, 
the term of each justice being four years, at a salary of $2,000 
each per annum. They are appointed by the President and are 
assigned to particular sub-districts of the District of Columbia. 
The first court of record in the District of Columbia is the Su- 
preme Court, consisting of a Chief Justice and five associate 
justices, at a salary of $5,000 each, from whose decisions appeals 
can be had to a Court of Appeals, consisting of one Chief Jus- 
tice, at $7,500 and two associate justices at $7,000. These courts 
have jurisdiction in all matters arising under the laws of the 
United States and the District Code. 

UNITED STATES COMMISSIONER. 

United States Commissioners occupy a relative position in 
the Federal judicial system to that of the petty courts of the 
judiciaries of the States, 

The position was established in 1896 by an act abolishing the 
former commissioners of the circuit courts and which conferred 
the powers of such commissioners on the United States Com- 
missioners hereinafter described. Commissioners are now ap- 
pointed by the district courts and in such numbers as the courts 
may deem necessary to the transaction of the buisiness, and to 
the performance of the duties imposed. When a commissioner is 
appointed, the appointment must be recorded in the court and 
the Attorney General notified. The commissioners hold their 
ofifices for four years but are subject to removal at any time by 
the court. They are paid by fees which are prescribed by law 
and which consist of individual fees for the preparation of 
papers and of a per diem fee of five dollars when a hearing is 
held. Other specific fees are also fixed for attendance at court 
and for particular services. No clerk of an United States court 
or deputy clerk can be at the same time an United States Com- 
missioner unless with the permission of the Attorney General 
and no United States attorney or marshal or their deputies or 
subordinate officers of subordinate officers of United States 



234 THE AMERICAN GOVERNMENT. 

courts can be United States Commissioners. Commissioners 
are authorized to administer oaths and to issue warrants for 
offenses against the United States, to cause offenders to be ar- 
rested and imprisoned or bailed for trial and to order the removal 
of offenders to other districts. They may hold a person to se- 
curity of the peace and good behavior and may carry out and 
enforce the awards and degrees of the consul of any foreign 
nation sitting in judgment between the captains and crews, 
belonging to his own nation and being in the district for which 
he is the consul. In case of absence of a consul or in any case 
in which differences between foreign captains and crews are 
submitted to him for consideration he has the power to enforce 
his own decrees by ordering imprisonment if necessary until the 
decree is complied with. Commissioners are empowered to 
institute proceedings under the law relating to the preservation 
of the civil rights of citizens and the district courts are em- 
powered and directed to appoint such number of commissioners 
as may be neccessary to speedily hear such cases, this provision 
being a part of the machinery erected for the enforcement of 
the legislation based on the constitutional amendment intended 
to secure the rights of citizenship to former slaves. Commis- 
sioners were also given power to enforce the statutes with re- 
lation to the elective franchise and were empowered to appoint 
persons to execute warrants thereunder. This provision was 
taken advantage of in attempts to secure pure elections where 
fraud was anticipated, means being taken to bring violations of 
law to the immediate attention of commissioners for the purpose 
of securing a speedy punishment. These provisions were, how- 
ever, repealed several years ago. Commissioners have power to 
issue search warrants authorizing revenue officers to search 
premises where frauds on the revenue are alleged to have been 
committed. 

Complaints of the violation of the Chinese exclusion law are 
heard before United States commissioners who receive a per 
diem of five dollars for conducting such hearings. The Commis- 
sioner before whom the complaints shall be heard is designated 



THE AMERICAN GOVERNMENT. 235 

by the United States District Attorney for the district and com- 
plaints can only be sworn to by certain designated officials unless 
the District Attorney gives his consent to making the complaint. 
United States commissioners are also empowered to receive affi- 
davits and final proofs in matters relating to the allotment of the 
public lands when it is impossible for the parties at interest to 
visit the land offices and chief justices of territorial courts are 
empowered to appoint commissioners for this purpose who must 
not reside within thirty miles of a land office or another com- 
missioner, 

commissioners' fees. 

For drawing a complaint, with oath and jurat to same, fifty cents. 

For copy of complaint, with certificate to same, thirty cents. 

For issuing warrant of arrest, or search warrant, seventy-five cents. 

For issuing a commitment and making copy of the same, one dollar. 

For entering a return, fifteen cents. 

For issuing subpoena or subpoenas in any case, with five cents for each 
necessary witness in addition to the first, twenty-five cents. 

For drawing a bond of defendant and sureties, taking acknowledgment of 
same, and justification of sureties, seventy-five cents. 

For administering an oath (except to witness as to attendance and travel), 
ten cents. 

For recognizance of all witnesses in a case, when the defendant or 
defendants are held for court, fifty cents. 

For transcripts of proceedings, when required by order of court and trans- 
mission of original papers to court, sixty cents. 

For copy of warrant of arrest, with certificate to same, when defendant is 
held for court and the original papers are not sent to court, forty cents. 

For order in duplicate to pay all witnesses in a case : For first witness, 
thirty cents, and for each additional witness, five cents, and for oath to each 
witness as to attendance and travel, five cents. 

For hearing and deciding on criminal charges, and reducing the testimony 
to writing when required by law or order of court, five dollars a day for 
the time necessarily employed: Provided, That not more than one per diem 
shall be allowed in the case, unless the account shall show that the hearing 
could not be completed in one day, when one additional per diem may 
be specially approved and allowed by the court: Provided further. That not 
more than one per diem shall be allowed for any one day: Provided further, 
That no per diem shall be allowed for taking a bond or recognizance and 
passing on the sufficiency of the bond or recognizance and the sureties 
thereon, when the bond or recognizance was taken after the defendant had 



236 THE AMERICAN GOVERNMENT. 

been committed to prison upon a final commitment, or has given bond, or 
been recognized for his appearance at court, or when the defendant has 
been arrested on a capias or bench warrant, or was in custody under any 
process or order of a court of record. 

For the examination and certificate in cases of appHcation for discharge 
of poor convicts imprisoned for non-payment of fine, or fine and costs, and 
all services connected therewith, three dollars ; 

For attending to a reference in a litigated matter, in a civil cause at law, 
in equity, or in admiralty, in pursuance of an order of the court, three 
dollars a day; 

For taking and certifying depositions to file in civil cases, ten cents for 
each folio ; 

For each copy of the same furnished to a party on request, ten cents for 
each folio ; 

For hearing and deciding a case arising under the Chinese-exclusion laws, 
five dollars; 

For services in proceedings under Title sixty-four, entitled "Civil Rights," 
a fee of ten dollars in each case, inclusive of all services incident to the 
arrest and examination; 

For services in cases of extradition under treaty stipulation or convention 
between the Government of the United States and any foreign government, 
the following and no other fees or compensation shall be allowed to or 
received by them : 

For administering an oath, ten cents; 

For taking an acknowledgment, , twenty-five cents; 

For taking and certifying depositions to file, ten cents for each folio; 

For each copy of the same furnished to a party on request, ten cents for 
each folio; 

For issuing any warrant or writ, and for any other service, the same 
compensation as is allowed clerks for like services ; 

For issuing any warrant under the tenth article of the treay of August 
ninth, eighteen hundred and forty-two, between the United States and the 
Queen of the United Kingdom of Great Britain and Ireland, against any 
person charged with any crime or offense as set forth in said articles, two 
dollars. 

For issuing any warrant under the provision of the convention for the 
surrender of criminals between the United States and the King of the French 
concluded at Washington November ninth, eighteen hundred and forty- 
three, two dollars ; 

For hearing and deciding upon the case of any person charged with any 
crime or offense, and arrested under the provisions of any treaty or conven- 
tion, five dollars a day for the time necessarily employed; 

For any other service, the same compensation as is allowed to commis- 
sioners in other criminal cases for like services. 



THE AMERICAN GOVERNMENT. 237 

REFEREES AND TRUSTEES IN BANKRUPTCY. 

One of the powers delegated to the Congress by the States was 
that of making uniform laws to regulate bankruptcies throughout 
the United States. This power was exercised only in part, when 
at all, during many years, and there were numerous State laws 
which remained in force until the enactment of a general bank- 
ruptcy law in 1898. This law vested the power of adjudication of 
cases of bankruptcy in the district courts of the United States in 
the several States and in the United States Territorial Courts, 
and as the details of the business oi administering bankrupt 
estates would be too great a burden on the regular judges, pro- 
vided machinery for the purpose. Upon the filing of a petition 
in bankruptcy, whether voluntary or involuntary, the case may 
be sent by the Judge to a referee, one of which officials, at least, 
is to be provided for each county in which the services of a referee 
are necessary. The appointment of referees and the fixing of 
the territorial limits within which they have jurisdiction is in the 
hands of the District Judge sitting as a court of bankruptcy. It 
may be remarked that the functions of the Judge as such a 
court may be exercised in vacation as well as in term time. A 
referee is appointed for two years, but subject to removal for 
lack of need of his services or for other causes. He must be com- 
petent to pass on the questions relating to bankruptcy which 
are brought before him, must hold no other office of profit under 
the United States or any State except those of Commissioner of 
Deeds, Justice of the Peace, Master in Chancery or Notary Pub- 
lic. He must not be related within the third degree to the Judge 
of any Bankruptcy or Appellate Court of the district in which 
appointed and must reside within the limits of his territorial ju- 
risdiction. Referees have jurisdiction subject to the review of the 
Judge of the Bankruptcy Court to adjudicate or dismiss any pe- 
titions which may come before them by reference on account of 
the inability of the Judge of the Bankruptcy Court to act, the 
petitions being referred to the referee direct by the Clerk of the 
Court in such cases. By reference from the courts, in addition to 
their own adjudication of cases, they hear witnesses, require the 



238 THE AMERICAN GOVERNMENT. 

production of documents, take possession of, and release the prop- 
erty of bankrupts and perform all acts which would be required 
of the Judge of the Court of Bankruptcy as preliminary to the 
final composition of the claims or the discharge of the bankrupt. 
The latter functions are reserved for the court and the duties of 
the referees are those of deciding preliminary questions and of 
carrying out the decrees of the court. Thus the duties of referees 
are to declare dividends from bankrupt estates and prepare and 
deliver to trustees dividend sheets showing the dividends de- 
clared and to whom payable, examine schedules of property and 
lists of creditors, require amendments when necessary, make 
up the records in the cases for the final consideration of the 
judges and prepare and file all papers with the clerks of the 
courts on the final decision of the case. As compensation the 
referee receives an initial fee of ten dollars in all cases, except 
those in which a voluntary bankrupt is released from the fees, for 
each petition filed and one per cent, on dividends paid on a bank- 
rupt estate, or one-half of one per cent, on the amount paid to 
creditors on the confirmation of a composition. Proceedings be- 
fore referees are invested with the same dignity as proceedings 
before a court by virtue of provisions for contempt proceedings, 
for punishment of offenses against referees, and the records of refer- 
ees are required to be kept in the same manner as those of United 
States equity courts. They are forbidden to be interested in any 
way in the estate in adjudication. 

Trustees in bankruptcy may be either one or three in number 
in each case. They are elected by the creditors at their first 
meeting, and if not so elected are appointed by the court. Trus- 
tees must be competent to perform the duties of the care of a 
bankrupt's estate. They must reside in the district in which they 
are appointed, but corporations which have an office in the dis- 
trict may act in the capacity. Trustees are placed in charge of 
bankrupt estates and are required to reduce to money as soon as 
practicable all assets of the estate and to pay over to the estate 
all interest that may accrue on the same. They must deposit 
money received and pay it out only on check or draft. They are 



THE AMERICAN GOVERNMENT. 239 

required to furnish information about the estates to the parties 
in interest and to lay final accounts before creditors' meetings 
and the court. They pay out the amounts due as dividends in 
accordance with the decrees of the court and which are passed 
by the court on the accounts of the trustees as to the assets on 
hand and in accordance with the schedule of debts found to be 
correct by the referees. The trustees in effect administer the 
bankrupt estate for the benefit of the creditors and retain all 
the bankrupt's property until he is released by the court when 
upon the final order of the court such disposition of the property 
remaining is made as may be in accordance with the terms of the 
composition or discharge. When there are three trustees, the 
consent of two is required to make a transaction valid. Referees 
and trustees are both required to give bonds, the former in a 
sum fixed by the court, not to exceed five thousand dollars, and the 
latter in such sum as the creditors may fix. The latter bond is 
also susceptible of increase by vote of the creditors. 

Trustees receive as compensation a fee of five dollars for every 
petition filed in which the fee has not been released and com- 
missions as may be allowed by the courts, not to exceed three 
per cent, of the first five thousand dollars, two per cent, on the 
second five thousand and one per cent, on amounts involved in 
bankrupt estates of over ten thousand dollars. Where there are 
three trustees, the division of the compensation is made by the 
court who may also withhold the compensation from a trustee 
who has been removed for cause. 



240 THE AMERICAN GOVERNMENT. 



CHAPTER VIII. 

STATE DEPARTMENT. 

The State Department may be likened to an artificial person, 
whose head is in Washington and whose body lies abroad So 
small a part of the organization of the department is located at 
the Capital that the State Department in Washington is hardly 
more than a correspondence bureau, by which the policies and 
views of the Secretary of State, acting under the direction of the 
President, are made known to the diplomatic representatives of 
the United States and foreign countries. The chief function of 
the organization in Washington thus naturally relates to the 
proper preparation and care of documentary evidence of negotia- 
tions on foreign affairs. The details of the correspondence of 
the department are under the direction, first, of the chief clerk, 
who acts as a general directive and distributive official, and 
secondly, under the direction of several bureaus. The Diplo- 
matic Bureau has charge of correspondence with diplomatic of- 
ficers, foreign and of the United States, and receives routine 
correspondence and prepares answers to the same, and prepares, 
under the direction of the Secretary of State and the assistant 
secretaries, the various notes, memorandums, treaties and other 
diplomatic documents framed during the course of the various 
negotiations. The more important of the communications go, 
of course, at once to the Secretary or assistant secretaries, but 
a large amount of the diplomatic correspondence is conducted 
by the Diplomatic Bureau, subject to the approval and signa- 
ture of the higher officers of the department. As so consider- 
able a portion of the correspondence is in foreign languages, a 
corps of translators of all the diplomatic tongues is attached to 
the bureau. The Consulair Bureau has charge of all correspond- 
ence relating to United States consuls, and conducts the great 



THE AMERICAN GOVERNMENT. 241 

mass of correspondence necessary for the direction of the com- 
mercial representatives of the United States abroad. Its work 
has to do entirely with commercial and manufacturing interests. 

Practically all the administrative activities of the State Depart- 
ment, with the exception of matters relating to accounts, ap- 
pointments and passports, center about the Bureau of Indexes 
and Archives. It is, of course, of vital necessity that all papers 
relating to a given diplomatic subject should be immediately 
available, not only those of the current correspondence, but 
those which relate to historical phases of the matter as well. An 
elaborate system of indexing which differentiates subjects to a 
greater extent than probably in any other department, is in ef- 
fect in this bureau. While the correspondence and records of 
the earlier years of the history of the State Department which 
were kept in record books, were not as closely indexed as is 
done under the present system, continual work is being carried 
on with a view of making close and accurate indexes of every 
diplomatic transaction in the history of the United States so far 
as the records have been preserved. 

The chief of the Bureau of Appointments of the State De- 
partment, besides his work in connection with the department 
proper, is also custodian of the records relating to the appoint- 
ment of Cabinet officers and issues the certificates of office to the 
members of the President's official family. He is also charged 
with the matters relating to the appointment of consuls and dip- 
lomatic officers, together with the records pertaining to the sub- 
ordinate officers of the diplomatic and consular corps. 

Commissions and exequaturs are prepared in this office, which 
handles, also, the details of extradition matters, and has the 
charge of matters relating to consular bonds. This office has 
also the custody of the official cipher code and enciphers and 
deciphers telegraph messages and has also the custody of the 
Great Seal of the United States, used in authenticating com- 
missions and other documents. 

The chief of the Bureau of Accounts of the department re- 
vises and audits the accounts of diplomatic and consular repre- 



.J242 THE AMERICAN GOVERNMENT. 

sentatives and is the disbursing and accounting officer of the 
various appropriations under the department. 

The chief of the Bureau of Rolls is the custodian of all the 
laws passed by the Congress. These measures, including joint 
resolutions, are printed on parchment, and after being signed by 
the President, are transmitted to the Bureau of Rolls of the State 
Department for preservation. Authenticated copies of the laws 
as they appear in these prints are made for the Government 
Printing Office and serve as a basis for all the publications of the 
laws of the United States, whether publicly or privately printed. 
The chief of the Bureau of Rolls is also the librarian of the de- 
partment and is in charge of the library, which has a large col- 
lection of diplomatic literature. 

The archives of the Revolutionary period of American history 
embracing those of all branches of the pre-constitutional govern- 
ment are in the custody of this bureau, which also receives and 
preserves the archives of all international commissions. 

The chief of the Bureau of Citizenship of the State Depart- 
ment has exclusive control, under the direction of the Secretary 
,of State, of matters relating to the issuance of passports to Amer- 
ican citizens, and the details relating to the determination of 
citizenship questions in foreign countries. The principal im- 
mediate business of the bureau consists in issuing passports to 
American citizens who desire to travel abroad. In order to se- 
cure such a passport an application must be made in a form pre- 
scribed, establishing the citizenship of the applicant and verified 
by an oath before a competent official, or, if the application is 
made in person, before the chief of the Passport Bureau. A small 
fee is charged for the issuance of a passport, and in addition to 
this service the chief of the bureau issues certificates attesting 
the signature of various officials of the United States when such 
certificates are needed for the purpose of making documentary 
evidence competent in foreign courts of law. For the purpose 
of authenticating the passports and certificates, the great seal of 
the United States is used An important function of the duties 
of the chief of this bureau relates to instructions to diplomatic 



THE AMERICAN GOVERNMENT. 243 

representatives abroad as to the issuance of passports. Under 
the American system of naturalization considerable numbers of 
persons resident in countries in which there are unsettled social 
conditions have secured a colorable title to American citizenship 
and under such title have claimed the protection of the United 
States. Their claims of citizenship being questioned by the gov- 
ernments which had jurisdiction by reason of their birth, con- 
flicts have arisen which, together with the fact of the num- 
ber of persons permanently resident abroad but maintaining 
American citizenship, resulted in the legislation of 1907 relative 
to United States citizenship. Under the act referred to, in ad- 
dition to the general passport provisions for citizens, passports 
good for six months and not renewable may be issued to a per- 
son who has made a declaration of intention to become an Ameri- 
can citizen and who has resided in the United States at least 
three years. Such a passport, however, does not entitle the hold- 
er to protection against the government of the country of which 
he was a citizen prior to making his declaration of intention. A 
definite statement is made of expatriation against any American 
citizen who has been naturalized in any foreign country or who 
has taken an oath of allegiance to any foreign State. Any 
American woman who marries a foreigner takes the nationality 
of her husband and when any naturalized citizen shall have re- 
sided for two years in the foreign state from which he came or 
five years in any other foreign State, it is to be presumed that 
he has ceased to be an American citizen, but he may overcome 
such a presumption on the presentation of satisfactory evidence 
to the diplomatic or consular officer of the United States under 
rules and regulations prescribed by the State Department. No 
American citizen, however, is allowed to expatriate himself when 
the United States is at war. If an American woman has lost her 
citizenship by marrying a foreigner, she may resume her citizen- 
ship on the termination of the marital relation by registering as 
an American citizen, within one year, with a consul of the United 
States, or by residing in the United States. A foreign woman 
may acquire American citizenship by marriage to an American, 



244 THE AMERICAN GOVERNMENT. 

and if she continues to reside in the United States after the ter- 
mination of the marital relation, or if she registers before a 
United States consul while residing abroad, may retain the citi- 
zenship so secured A child born within the United States of 
alien parents becomes a citizen by virtue of the naturalization of 
its father, provided the naturalization takes place during the 
minority of the child. Children born outside of the United 
States and who are entitled to the privilege of citizenship, must, 
in order to receive the protection of the United States Govern- 
ment, register on reaching the age of eighteen at a United States 
Consulate, stating their intention of residing in and becoming 
citizens of the United States and must take the oath of allegiance 
on reaching the age of 21. 

In order to receive a passport it is only necessary that a person 
shall have a genuine citizenship in the United States, the regu- 
lations and provisos being intended to prevent the issuance of 
the documents which are, in effect, certificates of citizenship, to 
persons not entitled to them. The applicant is required to estab- 
lish his citizenship by affidavit as shown by the rules for applica- 
tion which follow. In the case of a native born citizen affidavits 
as to birth suffice. Naturalized citizens and those claiming citi- 
zenship under them must exhibit the naturalization certificate. 
Residents of insular possessions must show that they do not owe 
allegiance to any other power. 

A passport expires two years from the date of its issuance. A 
new one will be issued upon a new application, and, if the appli- 
cant be a naturalized citizen, the old passport will be accepted in 
lieu of a certificate of naturalization, if the application upon which 
it was issued is found to contain sufficient information as to the 
naturalization of the applicant. 

APPLICATIONS FOR PASSPORTS. 

A person who is entitled to receive a passport, if within the 
United States, must make a written application, in the form of an 
affidavit, to the Secretary of State. The application must be 
made by the person to whom the passport is to be issued and 



THE AMERICAN GOVERNMENT. 245 

signed by him, as it is not competent for one person to apply for 
another. 

The affidavit must be attested by an officer authorized to ad- 
minister oaths, and if he has an official seal it must be affixed. 
If he has no seal, his official character must be authenticated by 
certificate of the proper legal officer. 

If the applicant signs by mark, two attesting witnesses to his 
signature are required. The applicant is required to state the 
date and place of his birth, his occupation, the place of his per- 
manent residence, to what country or countries he intends to 
travel and within what length of time he will return to the 
United States with the purpose of residing and performing the 
duties of citizenship. 

The applicant must take the oath of allegiance to the Govern- 
ment of the United States. 

The application must be accompanied by a description of the 
person applying, and should state the following particulars, viz. : 

Age, ; stature, feet inches (English meas- 
ure) ; forehead, ; eyes, ; nose, ; mouth, 

• ; chin, ; hair, ; complexion, ; 

face, . 



The application must be accompanied by a certificate from at 
least one credible witness that the applicant is the person he 
represents himself to be, and that the facts stated in the affidavit 
are true to the best of the witness's knowledge and belief. 

By act of Congress approved March 23, 1888, a fee of one 
•dollar is required to be collected for every citizen's passport. 
That amount in currency or postal money order should accom- 
pany each application made by a citizen of the United States. 
Orders should be made payable to the Disbursing Clerk of the 
Department of State. Drafts or checks will not be accepted. 

Applications for passports by persons in Porto Rico or the 
Philippines should be made to the Chief Executives of those 
Islands. The evidence required of such applicants is the same 
as that required of applicants in the United States. 



246 THE AMERICAN GOVERNMENT. 

Citizens of the United States who intend visiting Russian 
dominions should have their passports visaed by a Russian dip- 
lomatic or consular officer resident in the United States. 

Jews are not admitted to Russia without special permission 
obtained from the Russian Government, 

Citizens of the United States who intend visiting Turkish do- 
minions (except Egypt) should have their passports visaed by 
a Turkish consular officer resident in the United States. 

This may be performed at the following places : 

For Russia: At AVashington, San Francisco, Chicago and" 
New York City. 

For Turkey: At San Francisco, Washington, Chicago, Bos-- 
ton and New York City. 

The Department of State does not act as the intermediary in 
securing visas. Application should be made direct by the holder 
of the passport. 

The chief of the Bureau of Trade Relations of the State De- 
partment constitutes the connection betvs^een the Department of" 
Commerce and Labor and the Consular Service. Formerly all' 
matters relating to foreign markets furnished as information by 
United States consuls were circulated by the Department of 
State as a portion of its work. Upon the institution of the 
Department of Commerce and Labor, however, the major por- 
tion of the work was assumed by a bureau of that department,,, 
and the duty now performed in this connection by the Depart- 
ment of State consists in securing the close connection of the 
consular service with the distributing agency in the Department 
of Commerce and Labor. The duty of the chief of this bureau 
consists of the preparation of directions to consuls as to their 
reports and the revision of such reports and their transmission, 
to the above department and such others as may be interested. 

THE DIPLOMATIC SERVICE. 

The diplomatic service of the United States, as is the case with 
diplomatic service of all nations, includes public functionaries 



THE AMERICAN GOVERNMENT. 247 

whose positions are regarded as of particular dignity, importance 
and distinction. The highest class of diplomatic officers, embas- 
sadors, extraordinary and plenipotentiary, are deemed to be 
direct and personal representatives of the President in exercising 
his function of administering the foreign affairs of the nation. 
Diplomatic officers of the United States are of three grades : 
Embassadors, extraordinary and plenipotentiary ; envoys extra- 
ordinary and ministers plenipotentiary, and ministers resident. 
The particular distinction of the embassador has already been 
noted, that he represents the immediate person of the Chief Ex- 
ecutive and corresponds in rank and importance to embassadors 
of foreign nations who are regarded as the personal representa- 
tives of the reigning sovereigns. The particular distinction of 
an embassador is his privilege of immediate access to the sover- 
eign power. Envoys extraordinary and ministers plenipotentiary 
are diplomatic officers who are charged with some immediate 
negotiation or given definite or general powers in treaty making. 
They do not, however, secure the right of direct communication 
with the sovereign and conduct their negotiations with the for- 
eign office of the nation to which they are assigned. Ministers 
resident are diplomatic officers who reside at the seats of govern- 
ment of nations to which they are accredited for the general pur- 
pose of transacting the business of the nation with the office 
of the foreign nation to which they are accredited which is 
charged with the execution of foreign affairs. The class of the 
diplomatic agent who shall be accredited to a foreign nation is 
determined by the rank of the diplomatic officer sent by that 
nation to the United States. Thus, if a nation sends an embas- 
sador, the United States is expected to send an embassador in 
return, and if a nation which has previously sent a minister to 
the United States desires to raise the rank of its diplomatic 
officer to that of embassador, it is proper for the United States to 
make a similar promotion in turn. It has sometimes happened 
that a foreign nation desiring to raise the rank of its representa- 
tive in the United States has not received the assurance of 
reciprocity in the matter which would enable the original pur- 



248 THE AMERICAN GOVERNMENT. 

pose to be carried out, as from motives of economy, the United 
States has desired to limit the number of embassadors abroad. 
The pecuHar characteristic of diplomatic officers is the privilege 
of immunity which accompanies them. This is a survival of the 
historic tradition of the immunity of a herald or particular mes- 
senger of the commander of an armed power. His person is 
inviolable from arrest on any civil or criminal process, and the 
personal goods and papers belonging to him in the character of a 
diplomat cannot be attached. This immunity also attaches to his 
servants, and it is usual to require a registry of the persons 
attached to the embassy or legation in order that those who are 
entitled to this immunity may be accurately known. It does not 
follow from the foregoing that an embassador or minister or a 
member of the suite attached to either can violate just laws 
and regulations with impunity. A remedy against such viola- 
tion is to be had and has frequently been applied in the practice 
of indicating to a foreign government when any person of the 
diplomatic corps becomes obnoxious to the country in which he 
is located, and it is the universal custom upon receipt of such 
representation to recall the offending person. 

Diplomatic officers are appointed by the President, by and with 
the consent of the Senate. They are furnished by the President 
with letters of presentation to the reigning sovereign or other 
head of the country to which they are accredited. It is usual 
for notice to be given in advance to the foreign country of the 
name of the person proposed as an embassador or minister in 
order that it may be understood before appointment is effected 
that he will be persona grata to the country in which he is to 
serve. The diplomatic officer usually gives notice to the foreign 
government of his proposed entrance into the country in which 
lie is to serve in order that the usual privilege of free entrance 
of his goods without duty being imposed may be granted him. 
It sometimes occurs that it will be necessary for the embassador 
or minister to pass through a third country, in which case the 
courtesy of free passage for the dutiable goods belonging to him 
may be extended. Upon arrival in a foreign country the embas- 



THE AMERICAN GOVERNMENT. 24?^ 

sador or minister presents his credentials to the head of the State 
at the earliest possible moment, making arrangements with the 
foreign office for the details of the interview with the sovereign 
and conforming to the etiquette prescribed in the customs of the 
country. Depending on circumstances, a retiring minister either 
presents his letter of recall before his successor's arrival, or 
presents his successor, at the same time offering his own letter 
of recall. The presentation of a new embassador or minister is 
made the occasion of a ceremonial address, a copy of which must 
be furnished to the foreign office in advance in order that a suit- 
able reply may be prepared Copies of both addresses are sent 
to the State Department for preservation in the archives of the 
diplomatic service. A diplomatic representative is required to 
omit no occasion to secure and maintain the friendliest personal 
and social relations with the officials of the government to which 
he is accredited, and with other members of the diplomatic corps 
at the place in which he resides. His official duties begin on the 
day of his reception by the chief of the State to which he is 
accredited. Should, however, this audience be delayed for some 
time, it is possible, by temporary arrangement with the foreign 
office, to secure recognition for a new diplomatic representative, 
so that business may be transacted pending the formal audience 
with the sovereign. In certain instances the office of consul 
general may and has been added to that of minister resident. 
In such cases the official is required to keep transactions in the 
different capacities entirely separate. The diplomatic function 
is held to be superior in character, and if there is objection on the 
part of the foreign government to the service in both capacities,. 
a vice-consular office is directed to assume the consular duties. 
When an office is superadded to the original appointment of a 
diplomatic or consular officer he is entitled to receive one-half of 
the compensation attaching to such office. As previously stated, 
a diplomatic representative possesses immunity from the crimi- 
nal and civil jurisdiction of the country of his sojourn and cannot 
be sued, arrested or punished by the laws of that country. He 
cannot waive this privilege without the consent of the Govern- 



250 THE AMERICAN GOVERNMENT. 

ment of the United States, since it belongs to his office and not 
to himself. However, if a diplomatic representative holds in a 
foreign country real or personal property aside from that which 
pertains to him as a minister, it is subject to the local laws. A dip- 
lomatic representative cannot be compelled to testify in the coun- 
try of his sojourn before any tribunal whatsoever. This is 
another right whicl) cannot be waived by the diplomat, and even 
if the matter on which his testimony is sought does not concern 
his mission, he is required to secure the permission of the Depart- 
ment of State before giving it. The residence and goods of the 
diplomat, and especially the archives of the mission, cannot be 
entered, searched or detained under and in process of local law, 
or by local authorities. The privilege of immunity from local 
jurisdiction, however, does not embrace the right of an asylum 
for persons outside of a representative's diplomatic or personal 
household. The right of asylum with reference to the premises 
in which missions are located has been much discussed and in 
certain countries and instances has had wide scope. For exam- 
ple, in certain South American countries where frequent insur- 
rections occur, and consequent instability of government exists, 
the practice of extra-territorial asylum has become so firmly 
established that it is often invoked by unsuccessful insurgents. 
The Government of the United States does not sanction this 
usage, and enjoins upon its representatives the avoidance of all 
pretext for its exercise, even though the iisage has, to some ex- 
tent, been recognized by the government de facto. It has, how- 
ever, happened frequently in the Latin-American countries that 
the asylum afforded by the representatives of foreign nations 
has been agreeable to the victorious parties as giving the leader 
of the defeated faction an opportunity to leave the country, when 
otherwise it would have been necessary to carry out an execution 
which the victorious faction desires to avoid. There is a general 
impression that the flag over the legation or consulate consti- 
tutes the building a portion of a foreign country for all purposes. 
However, this is not the fact, as the immunity of the diplomatic 
representative is strictly confined and cannot be extended to 



THE AMERICAN GOVERNMENT. 251 

Others than the members of his own immediate household except 
as the dominant government may, for reasons of its own, be 
willing to grant the privilege. The immunity of the servants of 
a diplomatic representative does not always obtain with regard 
to members of his suite who are natives of the country in which 
he is located. Where claims for military service are made against 
native servants, it is doubtful if the immunity can be secured, 
and diplomatic representatives are advised against making such 
claims. Couriers and bearers of dispatches from diplomatic rep- 
resentatives to their home government are generally granted 
special privileges which will enable them to carry out their official 
duties. As a matter of courtesy, embassadors and ministers are 
usually allowed to bring in articles of foreign manufacture which 
are subject to customs duties without the imposition of such 
duties. This, however, relates to articles for use of the diplo- 
matic representatives themselves and is not generally extended to 
cover the members of his suite. The office of a diplomat of the 
United States abroad is generally in his residence, although, in 
certain cases, office quarters are provided elsewhere. It is usual 
to display the shield of the country represented over the door 
and to display the flag on appropriate occasions. 

One of the essential qualifications of a diplomatic representa- 
tive is held to be reticence in regard to the governmental affairs 
committed to his care. He is, however, expected to be observant 
of everything which may be of interest to his home government 
and to report in full especially with regard to political affairs and 
to matters of foreign policy in which his own government may 
be concerned at a later date, even if the matters do not imme- 
diately affect the international relations of the two countries. 

In the earlier days of the United States it was regarded essen- 
tial as a matter of the maintenance of the traditions of repub- 
lican simplicity to prohibit the wearing of uniforms by diplo- 
matic representatives of the United States. Diplomatic officers, 
however, who have served in the volunteer army are permitted 
to wear the uniform of the highest grade they attained, whether 
through promotion or brevet. They are, however, permitted to 



252 THE AMERICAN GOVERNMENT. 

wear such dress as may be required by the customs of the coun- 
try and for the hour of any ceremony they may attend, and this 
is held to include the wearing of court dress in such countries- 
as a court dress is customary and is obligatory. 

Diplomatic representatives are especially charged not to cor- 
respond with newspapers or periodicals in the United States or 
with other than the proper officials in regard to the public affairs 
of a foreign government. Such correspondence relating to a 
matter which may become the subject of discussion between the 
two countries is also prohibited, and they are forbidden to par- 
ticipate in any manner in the political affairs of the country to 
which they are accredited and are directed to refrain from expres- 
sions of opinion in public as to any matters under discussion 
within their jurisdiction. Participation by means of public ad- 
dresses in public meetings is also discouraged, except upon 
special occasions having an international character. In their ad- 
dresses on the latter occasion they are especially warned against 
expressions which might in any way be taken as an offensive 
expression of opinion upon the affairs of a foreign country. This 
restriction, which is also in effect with regard to the representa- 
tives of foreign countries in the United States, is one of the most 
strictly insisted upon regulations relating to the diplomatic ser- 
vice. The penalty for indiscretion in this respect is a lessened 
•consideration in the country to which they are accredited, and 
if the offense be a particularly flagrant one, it may result in rep- 
resentations which would be followed by the withdrawal of the 
minister even if his recall were not specifically requested. When 
a diplomatic official has for this or some other reason made him- 
self obnoxious to the government to which he is accredited, an 
intimation of the fact would be promptly followed by the recall 
of the offending diplomat. 

Diplomatic officers are especially prohibited from making rec- 
ommendations for employment under the government to which 
they are accredited, and also to officers under the United States 
Government except their own subordinate positions. They are 
also forbidden to ask or accept any presents or testimonials 



THE AMERICAN GOVERNMENT. 253 

whatever from a foreign government and are required to dis- 
courage as much as possible any voluntary honor of this kind. 
Should, however, a testimonial be proffered in the form of the 
regalia of an order, a medal, a sword or similar gift, it is neces- 
sary to secure the consent of Congress before it can be accepted. 
In their reports to the government of the United States diplo- 
matic officers are required to refrain from any unnecessary or 
harsh reflection upon the officials of the government to which 
they are accredited, but at the same time they are to report 
freely and immediately all important facts which may come to 
their knowledge as to the political condition of the country, and 
particularly of foreign relations, and provision is made for treat- 
ing such portions of theses reports as may be of a confidential 
nature, in entire secrecy. In all formal communications to a 
foreign government a diplomatic representative of the United 
States must use the English language. In the countries of the 
East, the communications are expected to be accompanied by 
a translation into the language of the court, such translation 
being made by the official interpreter or dragoman, but the 
English version is never omitted. In communications to a Euro- 
pean government, when saving of time is a consideration, a 
translation, provided it is accurate and can be depended upon, is 
sometimes transmitted with the English version, but the latter 
is the version always relied upon, should there be any doubt 
as to the intention of the diplomatic representative. Certain 
documents, however, which record the results of direct negotia- 
tions between a minister and the representative of another foreign 
office, are generally drawn up in both languages, the two ver- 
:sions appearing in parallel columns. This is especially true 
when the paper is to be signed by both parties. 

Books, maps and other printed information relating to the 
matters of political information which the representative may 
secure abroad, are required to be transmitted to the State De- 
partment, as well as such other publications as may be of value 
to the United States Government Diplomatic representatives 
are forbidden to retain copies of their official correspondence to 



254 THE AMERICAN GOVERNMENT. 

be taken away upon the close of their mission, for the reason 
that such copies might later fall into the hands of persons who 
would not be scrupulous in preserving them from publication. 
It is of course essential and understood that publication of any- 
official paper or document is never allowed by members of the 
diplomatic corps. 

It is not usual for diplomatic officials to use the open mails 
for the transmission of communications to their home offices. 
Dispatch bags are furnished which are granted exceptional fa- 
cilities in the mails, and where possible dispatch agents of the 
same nationality as the embassador or minister are utilized to 
forward the mails by means of vessels of their own flags. Mails 
which can be transmitted in official dispatch bags of the United 
States are limited to official correspondence and matter for the 
President or Vice-President of the United States or any of the 
executive departments or the presiding officers of the Congress. 
Private correspondence of the officials of the United States 
abroad and of the members of their families can also be trans- 
mitted and matter sent by foreign governments to their represen- 
tatives in the United States may also be forwarded as a matter of 
courtesy, although these usually have their own avenues of com- 
munication. It was formerly the practice to constitute private per- 
sons special, messengers to convey communications to and from 
United States diplomatic representatives abroad and persons 
traveling abroad were formerly anxious to obtain such conces- 
sions, as they carried with them special privileges. This practice 
has now practically gone out of date, but a reminiscence re- 
mains in the prohibition against promising any person a com- 
pensation or reimbursement of his expenses for this service un- 
less such expenditure has been previously authorized by the 
department. When the mails are obstructed or deemed unsafe, so 
that the dispatch bags cannot be carried in due course, special 
couriers are employed, and these are also employed when com- 
munications are to be sent which materially affect the interests 
of the United States and which might suffer if delayed for any 
reason. Special provisions are contained in the statutes giving 



THE AMERICAN GOVERNMENT. 255 

to the Secretary of State the power to regulate any compensa- 
tion which may be paid for this service. When a bearer of dis- 
patches is employed, he is furnished with a special passport set- 
ting forth the duty he is to perform. Diplomatic representatives 
abroad are custodians of considerable amounts of mail matter 
addressed to private parties and are required to see that no let- 
ters received in their care are opened by unauthorized persons. 
Any letters remaining uncalled for after six months, and letters 
intended for officers and seamen of the Navy after one year, are 
to be returned to the local post office from which sent 

An important function of the diplomatic representatives is in 
connection with the issuance or passports. The requirements 
for securing a passport have been summarized under the head of 
the Passport Bureau. They may be issued abroad only by diplo- 
matic officers in cases of emergency. The ordinary procedure 
is to receive and forward applications for passports to the 
Department of State. No passports can be issued to or verified 
for any other persons than citizens of the United States, and the 
diplomatic officer is required, in case of a doubt as to the right 
of the applicant to receive a passport, to suspend the issuance 
until instructions are received from the Department of State. 
Under the former law and before the status of Americans re- 
siding for long periods abroad was definitely fixed, considerable 
discretionary powers, subject to instructions from the depart- 
ment, were given ministers as to the issuance of the certificates. 
Regularly issued passports are verified by diplomatic officers by 
endorsing on the document the word "good" in the language of 
the country, and affixing to the endorsement the official signature 
and seal. This verification, which is required by the laws of 
many foreign countries, constitutes also a portion of the con- 
sular duties and is only performed by the diplomatic officer when 
there is no local consul. 

Next to the negotiations which he carries on with the govern- 
ment to which he is accredited, the most important duty of the 
diplomatic officer relates to the protection of American citizens 
residing or traveling in the country in which he has jurisdiction. 



256 THE AMERICAN GOVERNMENT. 

The right of a citizen to protection is the correlation of the right 
of the government to the citizen's allegiance and support. There- 
fore, when a native born citizen or a naturalized citizen, of whose 
rights under the treaty in force there is no doubt, complains of 
injustice and requests protection, it is the duty of the minister 
to inquire carefully into the circumstances, assuring himself 
first of the genuine character of the citizenship of the applicant, 
and of the nature of the complaint with regard to treaty rights. 
The rights of naturalized citizens who are native in the country 
in which the complaint is made, has been a subject of much diffi- 
culty in the diplomatic relations of the United States. In many 
countries the rights and immunities and also the duties of such 
persons have been carefully fixed by treaty. Innumerable in- 
stances have arisen in which persons have endeavored to use 
United States citizenship to escape from duties or penalties to 
which they are liable under the law of their native land, and it 
has been at all times necessary for ministers to scrutinize care- 
fully all applications made to them for protection. When, how- 
ever, a diplomatic representative is satisfied that an applicant 
for protection has a right to intervention and that the complaints 
as well founded, he is required to make courteous, but at the same 
time firm, representations to the foreign government and en- 
deavor to secure remission of penalties imposed or reparation 
for injuries suffered. No foreign subject can, of course, appeal 
to a diplomatic representative of the United States for interven- 
tion under ordinary circumstances. In case of war between 
two foreign nations, however, the representative of the United 
States is sometimes asked to represent one of the belligerents 
and permission for such representation is usually granted, with 
the understanding that in such action as the diplomatic repre- 
sentative may take, he is entirely the agent of the foreign gov- 
ernment and that the United States assumes no responsibility 
whatever in the premises. The duties of diplomatic representa- 
tives toward American citizens abroad have been frequently mis- 
construed, but are strictly defined. Embassadors and ministers 
have no civil jurisdiction over their countrymen except where it 



THE AMERICAN GOVERNMENT. 257 

has been expressly provided by treaty or municipal law of the 
United States, and have no criminal jurisdiction in civilized 
countries. In Turkey and Persia and some of the remote semi- 
civilized countries where unimpeachable courts of law have not 
been established, diplomatic representatives of the United States 
have criminal jurisdiction. This jurisdiction was formerly of a 
considerable extent and was localized in China and Japan as well 
as most other uncivilized or semi-civilized countries. It was 
withdrawn in Japan upon the establishment of adequate courts 
in that country, and has, within the past two years, been super- 
seded in China by a United States court. In those countries in 
which diplomatic representatives still have criminal jurisdiction, 
the minister has authority to make regulations which have the 
force of law upon American citizens within the country to which 
he is accredited. The original criminal jurisdiction is vested in 
the consul in localities where such an official is resident, and is 
only in exceptional cases undertaken by the minister. The lat- 
ter constitutes, however, a court of appeal from the consular 
courts. In capital cases the finding of the consular court must 
be approved by the minister, who has the duty of issuing the 
warrant for the execution of the convict unless he deems it 
advisable to submit the case to the President for the exercise of 
the executive power of pardon. The minister also approves the, 
associates nominated by consuls to sit in the consular courts 
and, with the advice of the several consuls, prescribes the forms 
of all processes to be issued from the consular courts and the 
method of conducting trials therein. When a consul sits with 
associates and any of them differ from him in civil cases, appeal 
may be had to the minister and in criminal cases if the associates 
of a consul differ from him the case must be referred to the min- 
ister for his adjudication. When the consul sits alone and the 
fine exceeds $100 and the term if imprisonment exceeds sixty 
days, an appeal may be taken. The withdrawal by new statutes 
of the jurisprudence formerly in effect in China and Japan 
has reduced the importance of the ministerial administration of 
courts very largely. In certain countries provision is made by 



258 THE AMERICAN GOVERNMENT. 

treaty for mixed, courts for the trial of disputes between natives 
and foreigners, and the minister has general supervisory powers 
in behalf of American citizens. Some of these jurisdictions re- 
late to American citizens only and others take cognizance of all 
foreign cases, arrangements being made between the local rep- 
resentatives of the various countries for sitting in a judicial 
capacity. 

Diplomatic representatives are warned to avoid taking part in 
contentions with their countrymen or with the subjects or 
authorities of foreign countries as far as possible, but are required 
to use their amicable services to determine disputes which may- 
arise between their countrymen. Fellow citizens are to be coun- 
tenanced and protected before the authorities of the country in 
cases in which they are injured or oppressed, but the efforts of 
the diplomatic representatives are not to be extended to those 
who have been presumably guilty of infraction of the local laws. 
If the representations made by the diplomatic officer 
fail to' secure a redress for the citizen, the case is reported to the 
Department of State for its action. Diplomatic officers are not 
permitted to interpose to aid in the collection of claims against 
the government to which they are accredited unless there is a 
pressing necessity for action before they can communicate with 
the Department of State. All claims, whether founded in con- 
tract or in consequence of an injury, must be submitted to the 
Department of State, which originates the negotiations for rec- 
ompense. Diplomatic representatives of the United States have 
no funds for the relief of distressed citizens of the United States 
■except their private purse and are not expected to relieve 
such cases, although, as a matter of fact, it is probable that every 
diplomatic officer spends considerable amounts in this manner. 
Neither is it obligatory on the embassador or minister to enter- 
tain his countrymen abroad, although it is also the fact that 
many Americans are so entertained, though at the personal ex- 
pense of the diplomatic representative. 

There is an incorrect impression that a marriage within the walls 
of a United States legation abroad is equivalent to a marriage 



THE AMERICAN GOVERNMENT. 259 

within the limits of the United States itself. A diplomatic repre- 
sentatives has no official function with regard to marriages, 
this being a part of the consular duties. He is not prohibited 
from allowing a marriage to take place in the legation, but is 
required to see that the parties can legally be married under the 
law of the country in which the legation is located or under the 
law of the District of Columbia, The subject of marriage abroad 
will be more fully discussed under the head of Consular duties. 

Where there is no consul at the location of a legation, the 
minister may perform the duties assigned to consuls in regard to 
the estates of citizens of the United States dying intestate within 
his jurisdiction. Diplomatic officers are not required to examine 
titles, investigate private claims or do similar services, and are 
empowered to decline to grant such requests unless specific 
instructions to perform the service are received from the Depart- 
ment of State. They are also forbidden to endorse bills of ex- 
change or become responsible pecuniarily for American citizens 
and are required to decline the use of their names as reference 
for business or other purposes. 

Diplomatic representatives have general powers of supervision 
over the consular officers within their jurisdiction through the 
consuls general, should there be such within the jurisdiction, or 
directly with the consuls, should there be no consul general. 
Requests for leaves of absence in certain countries are forwarded 
through the diplomatic representatives and require his approval. 
In case a vacancy requiring the temporary appointment of a 
consular officer, the diplomatic representative has the power to 
fill the office, reporting immediately to the Department of State. 
When a consul is appointed it is usual to send the commission to 
the embassador or minister, who communicates with the govern- 
ment and requests an exequatur of recognition for the new 
officer. This when received is forwarded to the appointee with 
his commission and empowers him to begin the duties of his 
office. 

The negotiation of treaties with foreign countries or of agree- 
ments and understandings relating to minor points of con- 



26o THE AMERICAN GOVERNMENT. 

troversy are conducted with the greatest secrecy and with the 
utmost precision or formality, all notes which pass between the 
diplomatic representative and the foreign oflEicials and between 
the diplomatic representative and the Department of State being 
couched in the exact terms of diplomatic science. All are carefully 
preserved and if the negotiation is unsuccessful at the moment, 
the entire body of correspondence is carefully collated and in- 
dexed for use at a later date should the same subject arise. The 
more important of the treaties are negotiated by special 
representatives, but considerable numbers of conventions are 
effected by the diplomatic representatives who are given state- 
ments of the powers conferred upon them in the negotiation. 
These powers set forth the extent of the demands and the limit 
of the concessions regarded as desirable by the Department of 
State^ and may be amended by subsequent authorization as the 
embassador or minister reports the trend of the negotiations. 
Special representatives charged with the negotiation of impor- 
tant treaties are understood to be given full and unlimited powers 
of negotiation, this being a preliminary to the full and free con- 
ference deemed to be necessary. In the present era of rapid com- 
munication such powers are much less significant than in the 
earlier history of diplomacy, when the representative was prac- 
tically cut off from his home government and was compelled to 
make the best bargain he could on the basis of the instructions 
he received before departing for the point of conference. Diplo- 
matic negotiations at the present time take on largely the aspect 
of the presentation at each day's conference of the instructions 
received by telegraph the night before, so that diplomatic repre- 
sentatives under these circumstances are in reality the mouth- 
pieces of the heads of the respctive foreign offices, and not in- 
dependent negotiators. Provision, however, is made in diplo- 
matic procedure for negotiations and understandings subject to 
the approval of the respective home governrnents. These also, 
because of rapid communication, are perhaps less common than 
the completed agreement effected by the diplomatic representa- 
tive as the result of his instructions, and subject only to purely 



THE AMERICAN GOVERNMENT. 261 

formal action. Treaties of two nations having different official 
languages are prepared in parallel columns on the same page 
and in the copy of the treaty to be transmitted, say, to the 
United States, the United States must be named first through- 
out both texts. In the copy for the foreign government the name 
of the foreign government precedes that of the United States. 
The text of the treaty on the left-hand side of the copy is couched 
in the language of the government to which that particular copy 
is to be delivered. As a literal translation one text to the other 
is almost impossible, the most careful scrutiny is made of the 
terms of the translation in order that the sense shall be as nearly 
as possible identical. The final power with reference to treaties 
on the part of the United States is the Senate, without whose 
approval no ratification of a treaty can be effected, and the date 
of whose ratification cannot be foreseen. It is therefore usual in 
all treaties for ratification by the United States for a provision 
to be inserted that the ratification shall be exchanged as soon as 
possible rather than at a particular date, the latter being the cus- 
tomary provision. 

The United States has treaties with all of the civilized countries 
of the world providing for the extradition of persons charged with 
certain crimes, the list of extraditable crimes being different in 
different countries. Requests for extradition are presented to 
the State Department, by which they are transmitted to the diplo- 
matic representatives whose duty it is to make the demand for 
extradition upon the government to which they are accredited. 
When no embassador or minister is available a consular officer 
may be authorized to present such a demand. Extraditions are 
generally granted without question when in proper form and 
within treaty provisions and the person accused is arrested by 
the local ofBcers and held until a person named for the purpose 
arrives to return the prisoner to the United States. In cases in 
which extradition is requested by a foreign government the 
diplomatic representative of the United States to that govern- 
ment is required to authenticate the deposition, warrant or other 
paper offered as a basis upon which extradition is asked. Diplo- 



262 THE AMERICAN GOVERNMENT. 

metic representatives are required to exert active vigilance to 
prevent the deportation of persons excluded from the United 
States under the laws relating to the admission of aliens, and 
to notify the authorities at Washington of the sailing of such 
persons from foreign countries, and if the shipping of paupers 
or other undesirable persons is undertaken, the diplomatic 
representatives are required to make protest to the foreign 
government. It is also the duty of the diplomatic representa- 
tives to advise the Department of State of any acts of humanity 
shown to shipwrecked Americans by subjects of foreign nations. 
Provision is made by Congress for testimonials to such foreign 
seamen which generally take the form of watches, binoculars 
or similar articles of maritime use. Diplomatic representatives 
are also expected to report all matters relative to safeguards to 
navigation which come to their notice, including information as 
to light-houses, buoys, etc. 



UNITED STATES DIPLOMATIC SERVICE. 

The following list is of the present positions in the diplomatic 
service of the United States. The names of incumbents are 
omitted and the residences of subordinate officers are in the same 
cities as those of the heads of the legation unless otherwise given. 
The following abbreviations are used in this list and that of the 
consular service : 

Amb. E. & P. — Ambassador Extraordinary and Plenipotentiary. 

E. E. & M. P. — Envoy Extraordinary and Minister Plenipotentiary. 

Agt. & C. G. — Agent and Consul-General. 

Dip. Agt. — Diplomatic Agent. 

Sec. of Emb. — Secretary of Embassy. 

Sec. of Leg. — 'Secretary of Legation. 

Mil. Att.— Military Attache. 

Nav. Att. — Naval Attache. 

C. G. — Consul-General. 

C. — Consul. 



THE AMERICAN GOVERNMENT. 263 

V. C. — Vice-Consul. 

D. C. — Deputy Consul. 

Stud. Int. — Student Interpreter. 

Mar.— Marshal. 

C. C. — Consular Clerk. 

Int. — Interpreter. 

Agt. — Agent. 

To What Country Name and Rank. Residence. Compen- 

Accredited. sation. 

Argentine Republic . .E. E. & M. P Buenos Aires . . $12,000 

Sec. of Leg 2,625 

Mil. Att 

Austria-Hungary . . .Amb. E. & P Vienna 17.500 

Sec. of Emb 3,coo 

2d Sec. of Emb 2,coo 

Mil. Att 

Kav. Att Berlin 

Belgium E. E. & M. P Brussels 12,000 

Sec. of Leg 2,625 

Bolivia E. E. & M. P La Paz io,oco 

Sec. of Leg 2,000 

Brazil Amb. E. & P Rio de Janeiro . 17,500 

Sec. of Emb 3,000 

Mil. Att 

Chile E. E. & M. P Santiago 10,000 

Sec. of Leg 2,000 

China E. E. & M. P Peking 12,000 

Sec. of Leg 2,625 

2d Sec. of Leg 1,800 

Chinese Sec 3,000 

Asst. Chinese Sec 2,000 

Stud. Interpreters 1,000 

Nav. Att Tokyo (Yedo) 

Mil. Att Peking 

Colombia E. E. & M. P Bogota 10,000 

Sec. of Leg 2,oco 

Mil. Att Caracas 



264 THE AMERICAN GOVERNMENT. 

To What Country Name and Rank. Residence. Compen- 

Accredited. sation. 

Costa Rica E. E. & M. P San Jose 10,000 

Sec. of Leg. 2,000 

Cuba E. E. & M. P Habana 12,000 

Sec. of Leg 2,000 

2d Sec. of Leg i,Soo 

Denmark E. E. & M. P , Copenhagen ... 10,000 

Sec. of Leg , 2,000 

Dominican Republic . .Fenton R. McCreery, Minister 

Resident & C. G Santo Domingo 10,000 

Sec. of Leg 2,000 

Ecuador E. E. & M. P Quito 10,000 

Mil. Att Lima 

France Amb. E. & P Paris i7,Soo 

Sec. of Emb 3,000 

2d Sec. of Emb 2,000 

3d Sec. of Emb 1,200 



Nav. Att. 
Mil. Att. 



German Empire Amb. E. & P Berlin I7,50o 

Sec. of Emb 3,000 

2d Sec. of Emb 2,000 

3d Sec. of Emb 1,200 



Mil. Att. 
Nav. Att. 



Great Britain Amb. E. & P ^London ... i7,Soo 

Sec. of Emb 3,ooo 

2d Sec. of Emb 2,000 

3d Sec. of Emb i,a:o 

Nav. Att 

Mil. Att 

Greece E. E. & M. P Athens 10,000 

Sec. of Leg 2,000 

Guatemala E. E. & M. P Guatemala 10,000 

Sec. of Leg 2,000 

Haiti E. E. & M. P Port au Prince. 10,000 

Honduras E. E. & M. P San Salvador.. 10,000 

Sec. of Leg 2,000 



THE AMERICAN GOVERNMENT. 265 

To What Country Name and Rank. Residence. Compen- 

Accredited. sation. 

Italy Amb. E. & P Rome I7,500 

Sec. of Emb 3,ooo 

' 2d Sec. of Emb 2,000 

Mil. Att 

Nav. Att. Berlin 

Japan Amb. E. & P Tokyo (Yedo) . 17,500 

Sec. of Emb 3,ooo 

2d Sec. of Emb 2,000 

Japanese Sec. & Int 3,ooo 

2 Stud. Ints 1,000 

Nav. Att. 

Mil. Att 

Liberia Sec. of Leg Monrovia 5.000 

Minister Resident & C. G Monrovia 2,000 

Luxemburg E. E. & M. P The Hague 12,000 

Sec. of Leg 2,625 

Mexico Amb. E. & P Mexico i7,500 

Sec. of Emb 3.000 

2d Sec. of Emb 2,000 

3d Sec. of Emb 1,200 

Mil. Att 

Montenegro E. E. & M. P Athens 10,000 

Sec. of Leg 2,000 

Morocco E. E. & M. P Tangier 10,000 

■ Sec. of Leg 2,000 

Netherlands E. E. & M. P The Hague 12,000 

Sec of Leg 2,625 

Nicaragua E. E. & M. P San Jose 10,000 

Sec. of Leg 2,000 

Norway E. E. & M. P Christiania 10,000 

Sec. of Leg 2,000 

Panama E. E. & M. P Panama 10,000 

Sec. of Leg 2,000 

Paraguay E. E. & M. P Montevideo ... 10,000 

Sec. of Leg 1,000 

Persia E. E. & M. P Teheran 10,000 

Int 2,000 



266 THE AMERICAN GOVERNMENT. 

To What Country Name and Rank. Residence. Compeh- 

Accredited. sation. 

Peru , , .E. E. & M. P Lima 10,000 

Sec. of Leg 2,000 

Mil. Att 

Portugal .E. E. & M. P Lisbon 10,000 

Sec. of Leg 2,000 

Roumania .E. E. & M. P Bucharest 10,000 

Sec. of Leg. & C. G 2,000 

Russia Amb. E. & P St. Petersburg. 17,500 

Sec. of Emb 3,ooo 

2d Sec. of Emb 2,000 

3d Sec. of Emb 1,200 

Nav. Att Paris 

Mil. Att 

Salvador E. E. & M. P San Salvador . . 10,000 

Sec. of Leg 2,000 

Servia E. E. & M. P Bucharest 10,000 

Sec. of Leg. & C. G 2,000 

Siam ..E. E. &M. P Bangkok 10,000 

Sec. of Leg. & C. G 2,000 

Int 500 

Spain E. E. & M. P Madrid 12,000 

Sec. of Leg 2,000 

Sweden .E. E. & M. P Stockholm 10,000 

Sec. of Leg 2,000 

Mil. Att St. Petersburg 

Switzerland E. E. & M. P Berne 10,000 

Sec. of Leg 2,000 

Turkey Amb. E,. & P Constantinople . 17.500 

Sec. of Emb 3,ooo 

2d Sec. of Emb 2,000 

Int 3.000 

Bulgaria .Dip. Agt Bucharest 10,000 

Sec. of Agency , 2,000 

Egypt Agt. & C. G Cairo 6,500 

Uruguay E. E. & M. P. Montevideo . . . 10,000 

Sec. of Leg 2,000 

Venezuela E. E. & M. P Caracas 10,000 

Sec. of Leg 2,000 

Mil. Att 



THE AMERICAN GOVERNMENT. 267 

SUBORDINATE OFFICERS OF MISSIONS. 

The chief subordinate of a diplomatic officer is the first 
secretary of the embassy or legation. These officials are ap- 
pointed either by transfer from some other branch of the foreign 
service or by the President, and the persons selected by the 
latter are given an examination in international law, diplomatic 
usage and modern languages. Familiarity with at least one 
foreign language is required. The language may be that spoken 
in the country in which the legation is located or French. If 
a decision is made by the examining board that the candidate is 
not qualified for the appointment, the selection by the President 
will be revoked Instructions to secretaries of legations are 
general in character and their duties depend upon the views of 
the head of the mission. Secretaries are, however, especially 
charged with reticence with regard to the affairs of the embassy 
or legation and are required to be on their guard against dis- 
closing or talking about any of the confidential matters involved. 
It is the duty of the secretary to transcribe and dispatch the 
official letters or communications of the heads of the mission as 
well as all dispatches and communications to his own govern- 
ment. Also to record all such dispatches and communications 
in suitable books which are carefully preserved as a part of the 
archives of the mission. The proper transportation, indexing 
and custody of the original of all dispatches and other written 
communications are under the secretary's immediate control. 
The secretary is expected to habitually attend at the office 
of the mission during the usual hours of business and all books 
and archives and the official seal of the mission are under his 
personal care and superintendence. As long as the head of a 
mission is present, the secretary is not recognized by a foreign 
government as being authorized to perform a single official act 
other than is directed by the head of the mission. When, how- 
ever, the head of the mission from any cause is unable to perform 
the duties of his position, the secretary at once becomes a diplo- 
matic personage and takes charge of the archives and corre- 
spondence of the mission and transacts all necessary business 



268 THE AMERICAN GOVERNMENT. 

with the government to which the mission is accredited. When 
the absence of the head of the mission is in the nature of an 
emergency, the secretary becomes charge d'affaires by virtue of 
his office and without authorization from the State Department. 
When, however, the diplomatic representative is to be absent 
in consequence of leave granted, directions from the depart- 
ment to have the secretary serve as charge d'affaires ad 
interim are received and the fact is notified to the foreign office 
of the government to which the mission is accredited. In view 
of the possibility that a secretary may become an acting 
embassador or minister he is regarded as a diplomatic personage 
in the principles of international law and has similar privileges 
of immunity to those of an embassador or a minister. It 
frequently occurs that secretaries of legations are in charge as 
charge d'affaires during considerable periods on the failure on 
the part of the home government to designate a head for the 
mission. While so employed the secretary has all the privileges 
and duties of a regularly accredited diplomatic representative. 
The second secretaries of embassies and legations are provided 
when necessary and their duties are similar and subordinate to 
those of first secretaries. They are not to undertake any diplo- 
matic duties, however, except in the absence of both the head 
of the mission and of the first secretary. First and second 
secretaries when acting as charge d'affaires receive the compen- 
sation provided by Congress for the service, but only if they have 
been specifically designated by the President either with a 
recess appointment or through an appointment by and with the 
advice of the Senate the compensation being fixed by direct provi- 
sion for each place. 

The appointment of civilian attaches to missions of the 
United States is especially prohibited by law and embassadors 
and ministers are forbidden to appoint such officers even to 
serve without compensation. There are, therefore, no honorary 
persons attached to the suites of ministers or diplomatic repre- 
sentatives of the United States, all of the subordinate officers be- 
ing either secretaries provided for by law, military or naval at- 



THE AMERICAN GOVERNMENT. 269 

^ 

taches, and the student interpreters in the eastern countries. 
Where matters of interest to the land or naval forces of the 
United States can be learned, an officer of either or both arms 
of the service is detailed as an attache of the legatioa 
He is, however, not under the orders of the diplomatic represen- 
tatives but receives his orders and reports directly to the head of 
the service to which he is attached. It is usual to have a military 
attache connected with the mission to the most important coun- 
tries, but a naval attache is not assigned unless the nation has 
a navy of considerable size. If a military attache is above the 
rank of colonel or naval attache above the rank of captain, he pre- 
cedes the secretary of the legation on official occasions. If, 
however, he is of or below the above named rank, the secretary 
of the legation takes precedence of him. 

Besides the appropriation for regular salaried interpreters at 
the legations in Asiatic countries, there is provision for ten 
student interpreters to China and six student interpreters to 
Japan. These have a salary of $1,000 each, and their tuition 
fees are paid. They study for the purpose of supplying inter- 
preters to the legations and consulates, and are required to be 
selected on a non-partisan basis. Upon receiving such an ap- 
pointment, a student is required to agree to serve as an interpreter in 
a legation or consulate in which his services may be needed for a 
period of ten years thereafter. 

The clerks of embassies and legations are in no sense diplo- 
matic officers. They have no official rank or position and no 
immunities or privileges except as members of the household 
of the representative. While it may sometimes happen that a 
clerk is left in charge of the archives and business of a legation, 
he is not authorized to perform any diplomatic functions. 
Should an emergency arise, however, requiring immediate at- 
tention, he may take such steps as may be necessary, but must be 
careful to inform the foreign office that he does so informally 
and without assumption of any diplomatic character. In addi- 
tion to the subordinate employees of missions heretofore named, 
the missions in eastern countries are provided with official in- 



270 THE AMERICAN GOVERNMENT. 

terpreters, guards, dragomen and other native assistants, whose 
services are utilized either in communication with the inhab- 
itants of the country or as a matter of protection to the diplo- 
matic representative, his household and suite. In some cases 
direct appropriation is made for the officials named and in 
others the expense therefor is allowed to the minister from the 
general fund. In most of the capitals of the world the American 
diplomatic representative is housed in a hired residence, al- 
though the desirability of ownership of an embassy or legation 
by the United States is admitted. Such a property has recently 
been acquired in Constantinople, and in some Asiatic countries, 
notably in China, the necessity of the situation has made it 
absolutely essential that the United States invest in real estate 
and construct or purchase a suitable residence for its representa- 
tive in the section of the capital city assigned to the diplomatic 
corps. 

It is, of course, expected that a diplomatic representative shall 
remain continuously at his post of duty, and he is required to 
secure the consent of the department for all absences except 
those of a temporary nature and for any visits he desires to make 
to the United States. It is provided by law that a diplomatic 
officer shall receive no salary for the time he may be absent from 
his post in excess of sixty days during any one year. The 
President has entire discretion as to the amount of leave which 
may be granted, and no particular time is contemplated by 
law as annual leave for diplomatic officers. The term of a 
diplomatic officer may be ended by his resignation, by his re- 
call, or by the termination of diplomatic relations with the coun- 
try to which he is accredited. The failure of Congress to make 
an appropriation for his salary does not necessarily terminate 
his position, since he can continue to discharge the duties of 
his office, depending upon a subsequent claim for remuneration, 
upon resignation or recall. A diplomatic officer is entitled to 
salary for the time necessary to return to the United States, un- 
less his recall has been dictated by malfeasance in office. When 
the negotiations between two countries have reached such a 



THE AMERICAN GOVERNMENT. 271 

state that there is apparently no possibility of adjusting a difficult 
and heated situation by means of the usual diplomatic exchanges, 
the definite stage of total disagreement is marked by the with- 
drawal by one or the other of the parties, or by both of the diplo- 
matic representatives. A condition of war need not necessarily 
follow such a withdrawal, and it has frequently occurred that 
nations have been without diplomatic relations for a considerable 
term of years without having actually entered into an armed 
conflict When such severance of relations occurs, it is usual 
for the good offices of another nation to be asked to render the 
usual diplomatic services to the subjects of the countries involved 
in the dispute, who may be respectively resident in the hostile 
countries. If an actual condition of war is impending, it is the 
duty of the government of the country to which a diplomatic 
representative is accredited to see that he reaches the frontier 
with all his property and safe from insult or injury. Failure to 
grant such safe conduct would be regarded as unbecoming any 
civilized nation. If a diplomatic officer of the United States is 
withdrawn from his post of duty because of the termination of 
diplomatic relations, such withdrawal does not necessarily term- 
inate his office. He may retain the position and salary in the 
discretion of the President, but it is usual, where the severance 
of relations will be of some duration, to terminate the mission 
and to revive it upon the renewal of diplomatic relations. When 
it is expected that the rupture will be only temporary, the 
minister may be continued and either allowed to take leave or be 
utilized as an adviser in connection with the negotiations which 
result. When a diplomatic officer dies in a foreign country, his 
salary ceases on the day of his death. It is, however, provided 
that an amount can be paid to his widow equivalent to the 
amount of compensation which would have accrued during the 
time necessary for the return of the officer to the United States. 
Provision is also made by statute for the return, at the public 
expense, of the remains of all diplomatic officers who die abroad 
in the service of their country. 



272 THE AMERICAN GOVERNMENT. 

INTERNATIONAL BOARDS AND COMMISSIONS. 

All of the boards and commissions provided for by the statutes 
to take part in international movements and enterprises come 
under the jurisdiction of the Department of State. Among such 
commissions is the permanent board of arbitration provided for 
by the convention signed at the Hague in 1899. This tribunal 
was constituted for the purpose of establishing a permanent 
court to which disputes between nations could be referred for 
arbitration. In addition to this body there have been the several 
arbitration conventions such as that of the summer of 1907, 
taking place at the Hague, and considering various matters re- 
lating to international law. The last mentioned convention 
took up in its various branches the discussion of nearly every 
question pertaining to the relation of civilized countries in times 
of war, with the result of valuable service in stimulating dis- 
cussion even if the results were somewhat indefinite. The ar- 
rangements for the attendance of the delegates of the United 
States upon this convention, as well as the reception and pres- 
ervation of its archives, are among the functions of the Depart- 
ment of State. In addition to the foregoing, and the membership 
in the International Bureau of the American Republics, which is 
described elsewhere, the State Department has under its jurisdic- 
tion the members on the part of the United States of the United 
States and Mexican Water Boundary Commission which ar- 
ranged matters relative to the boundaries formed by the rivers 
between the United States and Mexico, the International Lake 
Levels Commission, composed of a membership from the 
United States and from Canada, which is charged with the con- 
sideration of matters relating to the level of the Great Lakes, 
and with the prevention of such withdrawal of water from the 
lakes as may seriously interfere with navigation in any part 
of the great chain of inland waterways. In addition, the dele- 
gates from the United States to the International Prison Com- 
mission, and the delegates to the International Institute of 
Agriculture at Rome are under the State Department, and the 
officers of the Island of Porto Rico report to the Secretary of 



THE AMERICAN GOVERNMENT. 273 

State. The United States Court for China, which took the place 
of the ministerial court formerly held is also entirely under 
the jurisdiction of the State Department and does not, as is 
the case with other United States courts, come in any way under 
the Department of Justice. There is, in addition to the above, 
a commission for the limitation of the Alaskan boundary, the 
representative of the United States on which, although in this 
particular under the State Department, is at the same time the 
head of a bureau under the Department of Commerce and 
Labor. 

THE CONSULAR SERVICE. 

While it cannot truthfully be said that there is a constant and 
irreconcilable warfare between the diplomatic and the consular 
services, the fact of the representation of the same nation by 
two dififerent sets of officials in foreign countries cannot but 
bring about complications, which have only in part been provided 
for by the stringent and definite terms of the instructions to the 
Federal officers referred to. It is manifestly necessary that a 
strict and well defined dividing line should be laid down, with 
the result that we find that consular officers are prohibited from 
taking any diplomatic action whatever except under peculiar 
circumstances and with the direction of the department. The 
antiquity of the position of consul suffers nothing, however, 
when compared with that of a diplomatic officer. The earliest 
representatives sent abroad by nations were the agents of com- 
mercial interests and their importance allowed them to retain the 
title of consul when that title was abandoned as that of the head 
of the Roman nation. The duties and functions of a consul re- 
late exclusively to commercial matters and have nothing to do 
with questions of politics, international law or sociological 
problems growing out of the intercourse of nations. Consuls 
have always been the representatives of their nation in dealing 
with the affairs of ships sailing under the respctive flags, ex- 
pected to see that navigation laws were obeyed, and that the 
seamen of their nation were protected, while one of the chief of 
their duties was to assist and protect the merchants of their own 



274 THE AMERICAN GOVERNMENT. 

nationality and in general to act as the commercial representa- 
tives and protectors of their countrymen temporarily visiting 
abroad. As this function was of the first importance to the 
commercial nations of antiquity, consuls were persons of im- 
portance at home and the first men of the communities of their 
own nationality abroad. In the days of the importance of the 
merchant marine of the United States, questions relating to 
merchant seamen constituted a principal part of the business of 
the United States consuls at the various foreign ports. At the 
present time, however, the business of consuls relates most 
largely to the exportation of goods to this country which are 
subject to import duty. For this reason consuls of the United 
States are stationed not only at the seaports, but at points as 
well where there is considerable manufacturing for the purpose 
of export to the United States. 

The consular service proper is divided into consuls general 
and consuls of different grades. Consuls general, in addition 
to the usual duties of consuls, are given supervisory jurisdiction 
over certain districts so that the operations of the various con- 
suls within that district are subject to their direction and in- 
spection. They are required to see that the provisions of law 
and of the consular regulations are complied with by the various 
consuls under their jurisdiction and that the correspondence and 
consular work generally is carried on properly. Their inspection 
does not, however, extend to the auditing of accounts. Three 
consuls general, those at Calcutta, Dresden and Mexico, are not 
charged with supervisory duties, but are given the rank of con- 
sul general on account of the importance of these posts. In 
general the supervision of a consul general is over all the con- 
sulates in the country in which he is located, but this does not 
apply to a distant colony of that country. Consuls general in 
certain jurisdictions may be given permission to make trips of 
inspection, but these trips are not to be authorized more than 
once a year and these visits are practically rendered unnecessary 
by the new consuls general at large. 

Consuls general and consuls are appointed by the President, 



THE AMERICAN GOVERNMENT. 275 

by and with the consent and advice of the Senate. The act of 
1906 adjusted and regulated the classes of consuls general and 
consuls and by executive order thereunder vacancies in the 
office of consul general and the office of consul above the eighth 
class are to be filled by promotion from the lower grades of the 
consular service. This regulation supersedes the former practice 
of appointment of consuls general and consuls on political 
grounds, and the re-classification law and the regulations there- 
under have been adopted as a means to the improvement of the 
consular service, it being held that the former practice of political 
appointment has proved to be to the detriment to the United 
States in its commercial interests abroad. Appointment to the 
two lowest classes of consuls, classes eight and nine, are filled 
by promotion on the basis of abiHty and efficiency, as shown in 
the service of consular clerks and vice-consuls, deputy consuls, 
consular agents, student interpreters, and interpreters, provided 
such officers have been appointed to their positions as the result 
of an examination. For such vacancies as are not filled as above, 
new appointments of candidates will be made of persons who 
have passed a satisfactory examination for consul. It is pro- 
vided, however, that persons who are in the service of the De- 
partment of State with salaries of $2,000 or upwards, shall be 
eligible for promotion to any of the grades of the consular service 
above class eight. In order to secure a designation for examina- 
tion as consul, it is necessary to be twenty-one years and not 
over fifty years of age, to be a citizen of the United States and 
of good character and habits, and physically and mentally 
qualified for the performance of consular work. Applications 
for designation for appointment are made to the State Depart- 
ment and the persons to be examined are designated by the 
President. A representative of the Secretary of State, the chief 
of the Consular Bureau of the State Department, andthe Chief 
Examiner of the Civil Service Commission constitute an ex- 
amining board. The regulations governing examinations pro- 
vide that the examination will be the same for all grades of con- 
sul, and these determine the candidate's eligibility for appoint- 



276 THE AMERICAN GOVERNMENT. 

merit in the consular service, irrespective of the grade for which 
he may have been designated for examination, and without re- 
gard to any particular office. The examination consists of an oral 
and a written examination, the two counting equally in the de- 
termining weight. The object of the oral examination is to 
ascertain the candidate's business ability, general information 
and probable efficiency in the position The written examina- 
tion includes at least one modern language, French, German or 
Spanish, questions on the natural industrial and commercial re- 
sources and commerce of the United States, especially with 
reference to the possibility of extending the foreign trade of the 
United States, political economy, and the elements of inter- 
national, commercial and maritime law. It also includes his- 
torical, mathematical and geographical subjects, together with 
exercises intended to test the applicant in composition and the 
use of the English language. In addition to the above, in order 
to become eligible for appointment to a position in a country 
where the United States exercises extra-territorial jurisdiction, 
so that the consul is obliged to exercise some judical functions, 
the examination above indicated will be supplemented with 
questions calculated to determine his knowledge of the funda- 
mental principles of common law, and rules of evidence in the 
trial of civil and criminal cases. Upon the conclusion of the 
examination, those condidates who have attained a mark of 80, 
are rated in the order of their merits by the board of examiners, 
and the list thus established is used as a basis of certification of 
candidates when an appointment is to be made. Names of 
eligibles remain on the list for two years, unless previously ap- 
pointed or withdrawn, and at the expiration of two years the 
names remaining will be dropped, and the candidates cannot 
again be considered unless upon fresh application and examina- 
tion. The student interpreters referred to under the head of 
Diplomatic Officers must be between the ages of nineteen and 
twenty-six, and must be unmarried. 

No consul general or consul appointed to one office is allowed 
to hold a similar office for another consulate or to exercise its 



THE AMERICAN GOVERNMENT. 277 

duties. Every consular officer is required, before he enters 
upon the duties of his office, to file a bond of not less than $1,000 
or more than $10,000 and in no case less than the annual com- 
pensation of the officer. Sureties on such bond are required to 
be permanent residents of the United States, or regularly 
authorized surety companies. No consul general, consul or 
consular agent receiving a salary of more than $1,000 a year 
can, while he holds his office, be interested in or transact any 
business as a merchant, banker, broker or other trader, or a 
clerk or other agent for any such person. Such officers are also 
prohibited from practicing as lawyers for compensation or being 
interested in the fees or compensation of any lawyer, and consuls 
are required to stipulate that they will not violate this provision as 
a condition of their official bond. The President is also em- 
powdered to extend the provision prohibiting the practice as a 
lawyer to consular officers whose salary does not exceed $1,000 a 
year, or who may be compensated by fees. In the discretion of 
the President, any vice or deputy consular officer or consular 
agent may also be so prohibited and may be required to give a 
bond not to violate this prohibition. Under the law herein 
previously referred to, which was passed in 1906 and which 
established the salaries of consuls, provision was made for the 
abolition of fees as a basis of compensation for consular officers 
and all fees received by them are required to be turned into the 
Treasury of the United States, the sole and only compensation 
of consular officers being the salary fixed by law. An exception 
is made in the case of consular agents, who are to be paid one- 
half of the fees received in their offices up to a maximum sum of 
$1,000 in any one year, the other half being accounted for and 
paid into the Treasury of the United States. As a check on the 
consular officers in securing the return of their fees to the 
Treasury, they are provided with adhesive stamps in suitable 
denominations, so that when any notarial or other act is per- 
formed for which a fee is charged under the fee bill fixed by the 
President, a stamp must be affixed to the document acted upon, 
and without such stamp the document is not legally valid within 



278 THE AMERICAN GOVERNMENT. 

the jurisdiction of the government of the United States. Con- 
sular officers are charged with the face value of the stamps issued 
to them, and must make returns to the department in cash for 
the stamp value used. As a very large proportion of the income 
of the consuls under the former system consisted of fees for the 
consular certification of invoices, these fees, under the new sys- 
tem, were included in the fees for official services for which the 
President is authorized to prescribe rates of tarifif. Fees for 
certifying invoices which at large manufacturing points amounted 
to considerable sums, are now entirely turned into the Treasury 
instead of becoming a portion of the emolument of the consul. 
In fixing upon the salaries which were recommended for the 
respective consulates before the bill referred to was passed, 
schedules were required from the different consuls as to the 
amount of their income from fees for certifying invoices. If the 
consul in any instance deemed it advisable to state the lowest 
possible figure at which this income might be estimated in order 
that his position might seem less desirable than it really was, the 
disadvantage of such a course became apparent when the salary 
of the position was ultimately fixed at a figure lower than it 
might and should have been had the amount of the fees been 
stated accurately. The bonds of consular officers, after approval 
by the Secretary of State, are deposited with the Secretary of 
the Treasury and are subject to the statutory requirements as to 
the renewal of bonds every two years or oftener as the super- 
vising officer may deem to be necessary. 

As the usefulness of a consular officer would depend ma- 
terially upon his being able to maintain amicable relations with 
the local authorities of his port and as his functions are largely 
exercised by reason of the courtesies granted by the foreign 
government, it is necessary to secure the permission of that 
government for the newly appointed consul to begin operations 
which practically amounts to an appointment from that govern- 
ment. This is done through a notification of the appointment 
sent, if possible, through the diplomatic representative of the 
United States to the government of the foreign country, with a 



THE AMERICAN GOVERNMENT. 279 

request for a permit for the consul to undertake his duties, the 
resulting document being technically known as an exequatur. 
If it is not possible to follow this procedure, the consul is some- 
times directed to proceed to his post of duty, and apply for 
temporary permission from the local authorities to undertake 
his duties, his application being verified by a letter from the De- 
partment of State. If there is no diplomatic representative, a 
consul may, when furnished with the proper credentials, make 
application himself for his exequatur. It is also customary to 
secure recognition for the subordinate officers of consuls by 
notifying the foreign government of their appointment and re- 
questing a permission to act or recognition from the foreign 
government. In case a consul is to be located in a colony, it 
is the usual practice for the consul general or principal consular 
officer to apply to the colonial government for permission to pro- 
ceed with his duties while waiting for the exequatur from the 
home government Consular officers are required to rent busi- 
ness offices in the central portion of the towns or cities in which 
they are located, and are expected to be present at their offices 
during the business hours of the day for the purpose of transact- 
ing any business that may be presented to them. They are re- 
quired to reside in the towns or cities in which they are located, 
and not to remove therefrom except upon permission and for 
special reasons. A statutory allowance of rent amounting to 
twenty per cent, of the compensation of the officer is made and 
the State Department exercises general supervision over the de- 
tails of the office provisions as to location, size, convenience for 
the public, etc. The consul is required to have definite business 
hours and to cause such hours to be generally known in order 
that the public may know at what times the consul is to be 
found in his office. Consular officers are not permitted to have 
their officers in the counting rooms of business men, especially 
those having to do with foreign trade, and the consul is re- 
quired to attend to his own business and not leave it to the 
subordinates of others, so that the contents of invoices and other 
business papers may not become known to the competitors of 



28o THE AMERICAN GOVERNMENT. 

exporting firms. It is the usual practice to hoist the fla;g of the 
United States over the consul's office daily, and a copy of the 
coat of arms of the United States is displayed in a conspicuous 
place. 

One of the marks of differentiation of diplomatic and consular 
officers consists in the fact that the latter are not entitled to the 
privileges and immunities of embassadors and ministers. In 
civilized countries they have no powers of immunity from civil 
or criminal process except so far as they may be granted by local 
customs or by mutual courtesy. It is not possible for the 
United States to secure special immunities for its consuls except 
by treaty or by representation, in case a difficulty arises, that dis- 
courteous treatment accorded the consuls of the United States 
abroad will be likely to be followed by similar treatment of 
the consuls of the foreign countries in the United States. In a 
civilized country the consul has no authority to undertake any 
diplomatic matters except that in case of the absence of a diplo- 
matic officer he may make representations to the foreign govern- 
ment on matters relating to his own sphere of duty. In semi- 
civilized and non-Christian countries, however, the character of a 
diplomatic agent with his privileges and imunities are, to a large 
extent, reserved to a consul. These privileges include the exer- 
cise of judicial functions, which are gradually being restricted but 
which still obtain in some non-Christian countries and will be 
referred to at length in a later paragraph. 

Although consular officers have not the diplomatic im- 
munities, they are under the special protection of interna- 
tional law and are regarded as officers of both their own 
nations and the nation within whose borders they are located. 
The granting of an exequatur confers upon the consul 
all the rights and privileges necessary for the proper con- 
duct of his office, and he can claim for himself not only the 
rights and privileges which have been accorded to consuls of his 
nation by treaty, but also all other rights, and privileges which may 
have been afforded or established by local law or custom with 
regard to consuls of other nations, or that have been extended to his 



THE AMERICAN GOVERNMENT. 281 

predecessors. The only way in which he may be debarred from 
exercising such rights is through formal notice to him that they have 
been withdrawn. These privileges generally include the right to 
place the arms of his government over his door, though this is now 
generally added to by the tacit permission to display the flag of his 
country, unless such display is specifically prohibited by the laws of 
the country. Archives and official property of his office are exempt 
from search or seizure, although he cannot claim a similar immunity 
for his personal goods. He is protected from the billeting of soldiers 
on his residence and can claim immunity from local militia or mili- 
tary duty, and from service on juries. The consul is, however, sub- 
ject to the payment of all local and municipal imposts and taxes, 
and to the criminal and civil law of the jurisdiction in which he 
resides. If, however, he does not engage in business or own real 
estate, he is generally relieved from the operations of civil process ; 
but this is not universally the case, as consuls have become subject 
to proceedings in local courts through negotiations relating to rented 
property only. In case of the commission of a crime, a consul 
would be either tried under the local laws or returned to his own 
country for trial, as the local authorities might elect. Consuls have 
no claim under international law to a ceremonial on the part of a 
foreign nation in recognition of their position, and have only rank 
and precedence with regard to the consuls of other nations at the 
same place and with regard to military and naval officers of their 
own nation. The precedence of several consuls located at the same 
point and representing different nations is determined by the date 
of their several exequaturs under which they are regarded as officials 
of the foreign nation. By this simple expedient any difficulties 
which might arise as to the exact date of their appointment by their 
own nation and their consequent precedence or the relative im- 
portance of the various nations is avoided. With reference to 
officers of the Army and Navy, Consuls-General rank with 
Brigadier Generals in the Army, or Rear Admirals, junior grade, in 
the Navy. Consuls and consular agents rank with captains in the 
Navy, or colonels in the Army. Vice consular officers, deputy con- 
sular officers, consular agents and deputy consular agents rank with 



282 THE AMERICAN GOVERNMENT. 

lieutenants in the navy or captains in the army. The rank of con- 
sular officers with consular officers of the United States is determined 
by the date of their commission from the United States, instead of 
the date of their exequatur, as with reference to consuls of other na- 
tions. 

When a squadron of vessels of the Navy of the United States 
visits a foreign port, it is the duty of the commanding officer to send 
an officer ashore to call upon the consular officer and tender him a 
passage to the flagship or vessel. The consul is required to accept 
the invitation and to visit the vessel and tender his services 
to the commanding officer. Upon leaving the vessel, the con- 
sular officer is entitled to a salute of nine guns, if a consul gen- 
eral, and seven guns, if a consul, which salute he acknowledges by 
standing in the boat when leaving the naval vessel, and lifting his 
hat during the time the guns are being fired. 

Where a treaty between two nations contains what is known as 
the most favored nation clause, the consuls of the United States 
are entitled to claim from the government under whose juris- 
diction they are located, all the rights, privileges and immunities 
which are granted to each or any of the consuls of other nations 
located within his post and jurisdiction of duty. Various pro- 
visions relating to the immunities of the consular officers are made 
by treaty, the provisions differing with the circumstances sur- 
rounding the relations of the countries at the time the treaty was 
made. 

"SATiile the redress of grievances of citizens of the United States 
is mainly committed to the care of diplomatic representatives, 
the greater number of the consular officers make it certain that 
knowledge of impending danger to such citizens will more quick- 
ly come to the attention of a consul general or consul. For this 
reason, requests for the services of the vessels of the navy of the 
United States for the protection of American citizens come more 
numerously from consuls than from diplomatic representatives. 
A consul has no right to order a vessel of the United States navy 
to visit his port, but he is required to state to the commanding 
officer of the vessel the reason why such a movement would be 



THE AMERICAN GOVERNMENT. 283 

advisable, leaving it to the responsibility of the officer, in con- 
nection with his orders, to determine whether such a visit should 
be made. On the other hand, officers of the navy are required 
to pay strict attention to such requests, and to grant them when 
practicable. 

The duties of a consular officer with regard to the citizens of 
the United States, not seafaring men, are similar to those of a 
diplomatic officer, except that the representation and interven- 
tion which may be necessary for the assistance of such persons 
is made to the local authorities instead of to the authorities of 
the State. A register of the American citizens within the con- 
sular jurisdiction is kept in the consulate, but there is no re- 
quirement of compulsory registration except for the purpose of 
establishing American citizenship under the terms of the new 
citizenship law. Such a register is, however, of value in determ- 
ining the citizenship of a person in case of an application for 
protection Subordinates of consuls, if natives of the nation in 
which the consulate is located, cannot be guaranteed protection 
except in accordance with the local laws or customs. It is usual 
to give such employees certificates, stating the nature of their em- 
ployment, in order that they may secure the rights which may 
be granted to them. Consular officers may become the custo- 
dian of the consular duties of a foreign nation upon request and 
under circumstances similar to those described under the head- 
ing of Diplomatic Officers. 

Among the more onerous of the duties of a consul are those 
relating to the shipping and seamen of the merchant marine of 
the United States. Every master of a vessel arriving in a for- 
eign port is required, under a penalty of $500, to deposit his 
register and other ship's papers with the consul of the United 
States, if there be one at the port of arrival. These papers in- 
clude the crew list and shipping articles, and are to be safely 
kept and only returned to the master of the vessel when he shall 
produce the clearance of his vessel from the proper officer of 
the port and has complied with all the provisions of law rela- 
tive to the treatment of seamen. When these conditions have 



284 THE AMERICAN GOVERNMENT. 

been fulfilled, and the proper fees paid by the master of the ves- 
sel, the consul has no further power to detain the papers and 
cannot use their detention as a means of collecting debts against 
the vessel. If the master should sail without his papers, the 
consul must transmit a statement of the circumstances to the 
State Department, which will present the matter to the appropri- 
ate officers for the imposition of penalties upon the vessel and her 
master and owners upon her arrival at her home port. In case 
a,ny officer, seaman or passenger of a vessel of the United States, 
or any for;eigner in a matter relating to personal interests of any 
citizen of the United States, desires to make a declaration or pro- 
test, it can be made before a United States consul, and copies of 
the protest or declaration, if authenticated by the seal of the con- 
sul, will receive credence in law equal to the original in all courts 
of the United States. Consular officers are required to keep no- 
tices to seamen published by the Hydrographic Office of the 
United States on file for the information of masters and officers 
of vessels. 

Every master of an American merchant vessel who engages 
any seamen at a place out of the United States, is required to 
■enter into such engagement in the presence of the consular of- 
ficer, if there be one, and to procure the consul's sanction before 
carrying the seamen to sea. Consular officers are required to be 
certain that the seamen understand the contract before approv- 
ing of the shipping contract. 

The consul of the United States in a foreign port is the pro- 
tective officer of American seamen, so far as such exist at the 
present time. American seamen are defined as citizens of the 
United States who have been regularly shipped in American ves- 
sels, foreigners shipped in American vessels in a port of the 
United States, and seamen being foreigners, wherever shipped 
in vessels of the United States who have declared their intention 
of becoming citizens of the United States, It being required by 
law that a master of a vessel shall enter into a bond to return the 
men exhibited on his crew list when he sailed from a port of the 
United States to a port in the United States, he cannot lawfully 



THE AMERICAN GOVERNMENT. 285 

discharge a seaman in a foreign port without the intervention of 
the consular officer. It is not material that the seaman has 
agreed to the discharge, or that he has misconducted himself. 
If a master desires to discharge a seaman in a foreign port, he 
must make application to the consul, who can authorize such 
discharge under circumstances provided by law, among which 
are that the seaman has misconducted himself ; that the vessel 
has been sold abroad ; that the shipping agreement has been com- 
pleted; upon the complaint of the seaman that the voyage is 
continued contrary to agreement, and the consular ofificer is sat- 
isfied that the voyage has been unnecessarily prolonged, and 
when a desertion of a seaman has been caused by unusual or 
cruel treatment. If members of the crew of a vessel complain 
that she is unseaworthy or has been sent to sea without the nec- 
essary equipment, the consul may appoint inspectors and upon 
his approval of their findings, the crew or any of them may be 
discharged if they so desire, unless the deficiency is repaired 
at once. Discharge can further be granted in consequence of the 
sickness of a seaman with inability to perform his duties, when 
there is mutual consent of the master and seaman ; when one 
seaman is exchanged for another or transferred ; when the sea- 
man is arrested and awaits trial ; when the vessel is wrecked, 
stranded or condemned as unfit for service. If deficiencies are 
found to exist which are shown to be accidental and which are 
removed, cause for the discharge of the crew is thus obviated. 
When a seaman is discharged in a foreign port, it is the duty of 
the consular ofificer to attach his certificate as to the cause for 
discharge of the seaman to the shipping articles, and to give a 
certificate to the seaman. 

It is the special duty of the consul to take cognizance of any 
complaints of cruel or abusive treatment, and if a seaman has 
thus been caused to desert his ship, to grant his discharge, or 
to grant his discharge from the ship if he still remains aboard. 
On the other hand, if a seaman is insubordinate, dishonest, habit- 
ually drunken, or quarrelsome, the consul has power to discharge 
him, although it is in the consul's discretion, if the man offers 



286 THE AMERICAN GOVERNMENT. 

amendment, to allow him to remain on board the vessel. It some- 
times occurs that the owners of a vessel desire to remove the 
master while he is abroad, and such removal is carried on, if 
the proper authority is shown, by means of the interposition of 
the consul. When a master is manifestly unfit to continue the 
voyage, he may be removed by the consul, and another master 
appointed in his place. When the consul authorizes the dis- 
charge of a seaman, he is required to collect the payment of all 
wages and extra wages due, under penalty of being held account- 
able for the same himself. He is, however, empowered to re- 
tain from such wages any amounts which have been expended 
for the care of the seaman which are not chargeable to the ves- 
sel, and if the wages are not sufficient to meet these charges, 
the balance is met from a fund in the Treasury for the mainte- 
nance and transportation of destitute American seamen. Seamen 
who have been wrecked within the consular jurisdiction are tak- 
en care of and assisted by the consul, and maintained until they 
can be sent to the United States on a returning vessel. The 
consul may, however, give them the option of engaging for an- 
other voyage before returning to the United States in lieu of 
such transportation. When no immediate prospect offers of a 
vessel returning to the United States, they may be forwarded to 
another consulate, where a better opportunity for return will be 
afforded. In addition to the wages regularly earned by a sea- 
man under his shipping agreement, he is entitled to a month's 
extra wages, which must be collected by the consular officer, in 
case he is discharged on account of the unseaworthy condition 
of the vessel, when the vessel is sold abroad (unless the sea- 
man immediately reships), when the voyage has been unduly 
extended, and when he has been injured in the service of the 
vessel. The right to extra wages is granted in order that the 
seaman may not become a public charge, and it may not be 
waived by him. 

If a seaman dies on board a vessel of the United States mer- 
chant marine, the master is required to take charge of his money 
and effects, and, on arriving at the next foreign port, turn them 



THE AMERICAN GOVERNMENT. 287 

over to the consul if so required by that official. These, as well 
as the effects of seamen who die ashore in foreign countries, 
are to be carefully preserved by the consul and every effort made 
to collect all of the seaman's property. The total amount, less 
any necessary charges, must be transmitted to the district judge 
of the United States nearest to the home port of the vessel or 
to the port where the vessel's voyage terminates. Consuls are 
required to relieve destitute seamen who may come within their 
jurisdiction, to give them maintenance within a reasonable' 
amount, and passage to the United States under the most econom- 
ical conditions possible and consistent with good treatment. The 
amounts necessary for this relief are paid out of the general fund 
appropriated by the United States for the purpose, and the ad- 
ministration is similar to the cases of discharged seamen pre- 
viously referred to. Effort is made to secure employment for the 
seamen on a vessel, and to this end a seaman may be sent from 
one consulate to another at the expense of the fund. Should no 
opportunity for shipping them afford itself, they are to be sent 
to the United States on the earliest and most convenient means 
of transportation. It is usual to contract for the board of sea- 
men with some local persons, and in addition to their subsistence, 
suitable clothing and medical attendance is provided for. Sailors 
of the navy do not come within the provisions for the relief of 
merchant seamen, and if these are left ashore under the care of 
the consul, the latter is required to obtain some guarantee from 
an officer or a deposit to cover the cost of the expense of the at- 
tendance of the naval seamen. It is obligatory on the master 
of a vessel of the United States bound to a port in the United 
States, to take destitute seamen on board at the request of the 
consul, and to transport them at not exceeding $10 for each per- 
son for voyages of not more than thirty days, and not to ex- 
ceed $20 for each person for longer voyages when in sailing ves- 
sels, and not exceeding two cents per mile when the transporta- 
tion is by steam. Additional compensation is, however, allowed 
when the seaman is unable to do duty, as he is expected to aid 
in the navigation of the vessel as a portion of the consideration 



288 THE AMERICAN GOVERNMENT. 

for his transportation. If a seaman deserts his vessel, all his ar- 
rears in wages, clothing, etc., are forfeited and from the sales 
created by the cash proceeds, the master is to be reimbursed for 
any expenses to which he may be put by reason of the desertion, 
the balance remaining goes to the benefit of a fund for the re- 
lief of sick, disabled and destitute seamen. The consul is re- 
quired to see that the proper accounts are made by the command- 
ing officer, so that the fund may benefit as largely as possible 
from the balance paid in. 

When treaty provisions, or the custom of the local authorities 
permit, consuls may cause the arrest of deserting seamen, and 
secure their imprisonment until they can be sent on board the 
vessel with assurance that the offense of desertion will not be 
repeated owing to the immediate departure of the ship. Im- 
prisonment is not regarded as a punishment, but is simply as a 
detention to secure the return of the deserter to the ship, and 
the prevention of his second desertion. Arrest and imprison- 
ment cannot be demanded as the right, but in the majority of 
cases is facilitated by local laws designed to prevent the desert- 
ing seamen from becoming a public charge. If a desertion is 
successful and permanent, the fact must be noted upon the crew 
list in order to save the amount of the master's bond, but the 
consul must be assured before giving such certificate that the de- 
sertion has not been connived at by the master for the purpose 
of saving a portion of the seaman's wages, which would other- 
wise become due during the enforced idleness of a long stay in 
port. Consular officers are especially warned not to use the 
fund for the relief of seamen in such a manner as to encourage 
desertion of seamen with the hope of being provided for by the 
government after they shall have left the ship. 

Consular officers have no authority, by virtue of their position^ 
over either seamen or other citizens of the United States. Treaty 
provisions or local custom in the majority of instances, assign 
to the consuls jurisdiction over all disputes between the masters 
and seamen of vessels, and over all matters relating to the in- 
ternal affairs of United States vessels in foreign ports. This, 



THE AMERICAN GOVERNMENT. 289 

however, does not relate to serious offenses which are punish- 
able under local laws, or between disputes between masters or 
supercargoes of vessels and merchants ashore. For conven- 
ience, however, the enforcement of the laws of the nation under 
the flag of which the vessel sails, is left to the consul and, as a 
matter of comity, the police resources and the powers of the 
courts are usually placed at the consul's disposition to enforce 
his decree. Such a provision is made by statute in the United 
States and is reciprocated by most of the foreign nations. 

The master of a vessel is required by law to give the crew full 
liberty to lay their complaints before the consul ashore and if 
a seaman expresses a desire to see the consul, the master must 
send forthwith to advise the consul to that effect, stating the 
reason why the seaman is not permitted to land, and that the 
consul is desired to come on board. Should this privilege be 
denied to a seaman, the latter, on return to the United States, 
would receive additional consideration by a court in any demand 
he might make for recompense for injuries received. Provision 
is made, in case of formal filing of complaints against the mas- 
ter, for a hearing before the consul, who may render a summary 
judgment and affix the cost of the proceedings in his own dis- 
cretion. If a seaman makes a complaint without reasonable 
ground, he is liable to forefeit one week's wages, and if the mas- 
ter is at fault, he is liable to a penalty not exceeding $100. 

The processes of the courts of the country are generally ex- 
tended to enforce consul's decrees. Consuls within whose juris- 
diction vessels are wrecked, are required to take charge of the 
property of citizens of the United States and to save the same 
as far as possible. A consul has also the custody of property, 
which has been wrecked and belonging to a citizen of the United 
States and which is brought within his jurisdiction. In countries 
where franchises as to wrecked vessels are granted to private 
companies, the consul is not to interfere except as the represen- 
tative of the owners of the property, and in such capacity to be 
present and see that the rights of such owners are preserved 
under the terms of the local laws. In certain cases of heroism 



290 THE AMERICAN GOVERNMENT. 

on the part of persons engaged in the rescue of shipwrecked 
crews, consuls are empowered to pay suitable rewards to the 
rescuers. Consuls are required to collect and preserve, and 
transmit to the Department of State, the papers of any vessels 
which may be wrecked and which must, under the law, be re- 
turned to the officials of the Treasury Department to complete 
the history of the vessel. When the master of a vessel desires 
to sell her abroad for the reason that she is unseaworthy, and 
that repair would not be warranted by her subsequent value, 
the consul has general supervision of the transaction and author- 
izes the survey which determines the true condition of the ves- 
sel, and the propriety of the position of the master in regard to 
her sale. 

When war breaks out between two foreign countries, it is, 
under the present status of international law, of advantage to the 
ship owners of one or the other of the countries to place their 
vessels under a neutral flag. The number of cases of sale of ves- 
sls to American owners under peaceful conditions would be 
comparatively few, but in case of a war between two foreign na- 
tions efforts would be made to get their merchant vessel under 
the American flag and a consul is required to exercise the most 
careful supervision of such transactions before granting the cer- 
tificate which is requisite in order to establish the fact of Ameri- 
can ownership in a vessel formerly in a foreign mercantile ma- 
rine; It is required that such a transaction should be absolutely 
bona fide, and without suspicion that the vessel is being placed 
under a foreign flag, that is, that of the United States, temporar- 
ily and for the period of the war only, with the intention of re- 
turning her to her former ownership when hostilities shall have 
ceased. 

When grave offenses against the laws of the United States 
shall have been committed on the high seas on a vessel of the 
United States merchant marine, and which offenses are thus 
under the jurisdiction of the courts of the United States, the 
consul at the first foreign port which the vessel shall touch is 
required to take full depositions as to the circumstances of the 



THE AMERICAN GOVERNMENT. 291 

crime, and to preserve the same for transmission to the United 
States. He is required to secure from the local officers facilities 
for the detention of the person or persons accused of the crime, 
and is to detain, also, two principal witnesses, who, together with 
the prisoner or prisoners, are to be sent to the United States at 
the first opportunity, together with a carefully prepared report 
of all the details of the matter. If necessary, the consul may 
employ a keeper to accompany the prisoners to the United States, 
but only when an arrangement for safe-keeping cannot be made 
with the transportation company with whom the contract for 
passage is made. Consuls are required to be active and vigorous 
in the prevention of transportation of paupers, criminals, Chi- 
nese persons and other excluded classes to the United States. 
Every master of a vessel carrying immigrants is required to sub- 
mit a manifest of these passengers to the consul, in lists con- 
sisting of not more than thirty persons to each list, and the fact 
that they have been properly examined, including a medical ex- 
amination must be sworn to before the consul. If the consul 
is of the opinion that a concerted effort is being made to send 
excluded persons prohibited by law into the United States, he 
is required to take immediate measures of protest and to notify 
the diplomatic representative of the facts in the case. 

Consuls in China have important functions with regard tp 
the operation of the Chinese exclusion act, and are required tb 
ascertain and certify the facts relating to any Chinese persons 
claiming the right to enter the United States as a member of one 
of the excepted classes. 

Consuls at foreign ports are also made supervisory officers 
over the health conditions of vessels clearing for ports in the 
United States, and upon being satisfied that no contagious or 
infectious disease may break out by reason of exposure to con- 
tagion or infection on the part of the vessel or its personnel, will 
give a certificate or bill of health which will entitle the vessel to- 
enter the ports of the United States without detention at quar- 
antine. When it is deemed to be necessary, the President may 
detail an officer of the Public Health and Marine Hospital Ser- 



292 THE AMERICAN GOVERNMENT. 

vice to the office of a consul, for the purpose of determining' 
whether vessels clearing from that particular port may be given 
clean bills of health and under one condition. A penalty is pro- 
vided for every vessel which shall clear from a foreign port and 
enter a port of the United States without having secured a bill 
of health from the consul. Consuls are also required to report 
to the State Department immediately by cable upon the out- 
break of cholera, yellow fever of other serious epidemic diseases. 
The regulations of the United States as to the importation of 
sheep, cattle and hides are also to be enforced by consular 
officers in accordance with the provisions made for their guid- 
ance. 

When citizens of the United States, other than seamen on 
board vessels, die abroad, consuls are required to take possession 
of their personal effects, to inventory the same with the assist- 
ance of two merchants of the United States, if such are available, 
otherwise with the assistance of two other merchants, to col- 
lect debts due the deceased and due from him, to sell at auction 
such part of the estate as shall be of a perishable nature or as 
shall be necessary to pay the debts, and to transmit the balance 
to the Treasury of the United States to be held for the heirs of 
the deceased. This administratorship applies when the citizen 
leaves no partner, trustee or representative capable of undertak- 
;ing the trust If the citizen leaves a will, the consul is bound 
by its terms so far as they are consistent with the laws of the 
country, and if another administrator is appointed, the consul is 
to assist that person in the proper performance of his duty. The 
foregoing function of the consul is exercised under treaty rights 
or when consistent with local conditions, but when local authori- 
ties express an unwillingness for the consul so to act, he is 
merely to proceed as far as may be possible under the local 
regulations. The administrative authority of the consul relates 
to personal property alone, the real estate being under the law of 
the country where it is situated. If a citizen dies on the high 
seas and his effects are brought within the jurisdiction of the 
consul, the latter is to proceed as heretofore set forth. 



THE AMERICAN GOVERNMENT. 293 

Consuls of the United States have certain qualified powers as 
to the marriage of American citizens residing abroad. The 
statute provides that marriages in the presence of any consular 
officer of the United States in a foreign country between persons 
who would be authorized to marry if residing in the District of 
Columbia, shall be valid to all intents and purposes and shall 
have the same effect as if solemnized within the United States. 
The provision of the code of the District of Columbia with re- 
gard to marriages includes the prohibition of marriages within 
certain degrees of relationship and consanguinity, the mar- 
riage of idiots or lunatics ; any marriage promoted by force or 
fraud and any marriage in which either party is incapable from 
physical causes from entering into the marriage relation. 

This provision does not of itself confer upon a consular officer 
the power to solemnize marriages. It is the principle of interna- 
tional law that the law of the place of marriage shall, when- 
ever this is practicable, determine the mode of solemnization. 
When a consul is requested to act as official witness of a mar- 
riage, he is required to see that the requirements of the law of 
the place of celebration have been as far as practicable com- 
plied with. If this has been the fact, then the presence 
of the consul gives to the requirements of the foreign country 
the same effect in determining the legality of a marriage as is 
possessed by compliance with the requirements of the District 
of Columbia or of a State of the Union in determining the binding 
effect of a marriage ceremony throughout the United States. 
The consul is required to give each of the parties a certificate of 
the fact of the marriage and to send a certificate to the Depart- 
ment of State, this certificate being under the consular seal and 
giving the names of the parties, their age, places of birth and 
residence, the date and place of the marriage, and the certifica- 
tion that the consular officer was present. Care is especially 
enjoined upon the consuls and should be taken by contracting 
parties to see that the presence of the consul is not regarded as a 
reason for omitting some of the other necessary requirements, 



294 THE AMERICAN GOVERNMENT. 

as otherwise, because of the oversight, the marriage might prove 
to be invalid. 

Consuls have, when directed by the Department of State, sim- 
ilar duties to diplomatic officers with regard to requesting ex- 
tradition of criminals and of authenticating requests of foreign 
countries in extradition cases. While consuls are not exempt 
from local taxation in the city in which they reside, they are 
by courtesy relieved of certain forms of taxation and are re- 
quired to report the details of taxes imposed or remitted in order 
that the United States may pursue a reciprocal course regard- 
ing the consuls of the nation involved. The requirements and 
privileges of consuls as to the use of uniforms, government dis- 
patch bags, handling of letters to private persons, presents and 
testimonials to foreign powers, acting for foreign states and as 
to pecuniary responsibility for citizens, are similar to those in the 
diplomatic service, as is the fact with regard to leaves of absence. 
All powers of attorney in a foreign country for the transfer of 
any stock issued by the United States or for the receipt of 
interest thereon, are required to be verified by the consul and 
no fee can be charged for such service. Pension vouchers are 
also executed free of charge by United States consuls for ben- 
eficiaries living abroad. 

A portion of the duties of the consular officers to which espe- 
cial attention has been paid in recent years is that of making 
reports as to foreign commercial conditions. Consular officers 
are expected to prepare from time to time reports on the con- 
dition of foreign commerce and international trade, manufac- 
tures, agriculture, etc., the improvement of old and the develop- 
ment of new industries^ introduction of articles made in the 
United States, or imitations of them, application of business or 
mechanical methods employed in the United States, the im- 
portation and use of food supplies, materials and manufactures 
from the United States and the modifications necessary to make 
them acceptable to foreign consumers, the facilties for direct and 
indirect communication with the United States, the develop- 
ment or decline of commercial and manufacturing centers, 



THE AMERICAN GOVERNMENT. 295 

changes in the economic condition of the people, conditions of 
living, sanitation, etc., changes in tariff legislation, and under- 
takings of unusual size and moment, such as the construction 
of railroads, public works, etc. These reports are made monthly 
and at intervals as special reports on subjects of unusual in- 
terest. They are transmitted to the State Department and 
there arranged and prepared for transmission to the Depart- 
ment of Commerce and Labor, which has charge of the publica- 
tion of all such reports. Consuls are also requested to furnish 
samples of seeds, plants and manufactures, together with such 
other articles as may come into their possession which would 
prove of interest to the different bureaus of the government, 
and they are especially charged to advise the State Department 
of any discrimination of foreign countries against products of 
the United States. Consuls are also required to furnish the 
Treasury Department with prices current of articles usually 
exported to the United States, and also make monthly reports 
of the rates of exchange, together with such crop reports and 
similar advices as may be of benefit to the Department of Agri- 
culture. 

The judicial power of consuls of the United States is not easy 
to summarize, for the reason that it differs materially in nearly 
every instance. Generally speaking, in non-Christian and semi- 
civilized countries, consuls of the United States have civil and 
criminal jurisdiction in all matters which are exclusively be- 
tween citizens of the United States. In some countries they 
form a portion of the court which tries questions arising be- 
tween citizens of the United States and native born subjects. 
The consular jurisprudence is more extended and better defined 
in China than elsewhere, and by an act passed in 1906, and under 
the treaty provisions with China, they are definitely established 
as judicial officers of original jurisdiction in civil cases where the 
value of the property involved does not exceed $500, and in 
criminal cases where the punishment for the offense charged 
cannot exceed $100 fine, or sixty days' imprisonment, or both. 
Consuls, under these provisions, have power to arrest, examine 



296 THE AMERICAN GOVERNMENT. 

and discharge accused persons, or to determine their cases within 
the above limits or to hold them for trial in the United States 
Court for China, an appeal being also allowed from all final 
decisions of the consular courts to the United States Court, the 
proceedings of the consular courts being revised by the United 
States Judge. The consular courts in Japan were abolished upon 
the reformation of the Japanese jurisprudence, but in other semi- 
civilized countries, including the Barbarry States and elsewhere, 
consuls have similar powers to administer justice, the details 
differing, however, with more or less degree, according to the 
location and the treaty provisions. Thus in Turkey there are 
mixed tribunals carried on by the consuls of the various countries 
for the trial of cases between Christians not of the same nation- 
ality, consular courts having the business of each nation of 
foreign Christians, while questions between natives and foreign 
Christians are heard in Turkish courts in which the consul may 
appear in behalf of his fellow citizen. The consuls are required 
to proceed under the laws of the United States in countries where 
they have judicial jurisdiction and may impose fine for contempt. 
Whenever a consul deems it advisable that he shall have assist- 
ance in the trial of a case, he may associate with him citizens of 
the United States not to exceed four, such selection being sub- 
ject to the approval of the minister, who also constitutes a court of 
appeal and the final authority in a capital case except in China. 

The chief duty of many consuls, especially those residing at 
interior manufacturing points, consists in the authenticating of 
the sworn invoices required by law for every importation of 
dutiable merchandise in excess of the value of $ioo. Before the 
merchandise is shipped, an invoice properly prepared and set- 
ting forth the actual market value of the goods at the point at 
which the shipment is made up, must be produced before the 
consul, sworn to and certified by him. The consular officers are 
authorized to require, before certifying any invoice, satisfac- 
tory evidence that it is accurate and true. This means that in 
order to carry on his duties properly, the consul must inform 
himself as to the quality of goods, the cost of production and 



THE AMERICAN GOVERNMENT. 297 

their actual market value. When the value of goods cannot be 
determined by examination of the invoice, samples are required 
in triplicate, one set to be retained at the consulate, one sent to 
the board of general appraisers in New York, and one direct to 
the port in which the merchandise is to be entered. A con- 
sular officer is required to designate the original, duplicate and 
triplicate of the invoice, the original being filed for preservation 
in the consular office, the duplicate given to the person producing the 
invoice, and the triplicate sent, without the intervention of any- 
party in interest, to the collector of customs of the port at which 
the merchandise is to be finally entered. The consul is also 
required to certify on claims from foreign merchants for the 
return of articles manufactured in the United States which have 
been sent abroad as containers of manufactured goods and which 
are desired to be returned without customs imposition. In this 
respect, the consul is required to certify as to the right of such 
goods to be returned without duty. 

SUBORDINATE CONSULAR OFFICERS. 

The subordinate officers of the consular service are vice-con- 
suls, general deputy consuls, general vice-consuls, deputy con- 
suls and consular agents. These are all appointed by the Sec- 
retary of State, but usually upon the nomination of the consular 
officer afifected. Minors are not appointed to subordinate consular 
offices, and all persons so appointed must be able to speak and 
read the English language, and in all cases where it is at all pos- 
sible, subordinate officers must be citizens of the United States. 
The vice-consul is an official who takes the place of the 
consul when the latter is unable to perform his duties, and re- 
ceives such portion of the consular salary as may be agreed upon 
for the service, or, if there is no agreement, one-half of the con- 
sular salary. The deputy consul is an official provided for the 
assistance of the consul in his work, and is deputized to sign 
papers certifying to invoices, etc., in assistance but not in lieu 
of the consul. Vice-consuls and deputy consuls are generally 



298 THE AMERICAN GOVERNMENT. 

clerks in the consular office, and receive salaries from $300 to 
$1,500 a year, according to the amount of work performed. It 
is the general practice, however, to have the vice-consul and the 
deputy consul the same person. Consular agents are delegates 
of the consul^ who are situated at other points than the location 
of the main consular office, and who perform the duties of con- 
sul under the supervision and direction of the chief consular 
officer. They are paid by fees up to and not exceeding $1,000 per 
year. Every substitute and subordinate consular officer, except 
consular agents, must give a bond of not less than $2,000, and, 
as consuls are responsible for the acts of consular agents, the 
former may require the agents to give a bond, for his own pro- 
tection. 

Marshals of consular courts are provided where the judicial 
function of the consul is considerable, and are required to give 
a bond. They are appointed by the President, and attend upon 
the consular court, preserving order therein and executing all 
processes of the court. They are especially designated as sub- 
ordinates of the consul or vice-consul in charge, and are required 
to assist, when necessary, in the general work of the consul. 
Marshals receive a salary of $1,000 per year, and such fees as 
they may be allowed by the ministerial regulations, and are 
required to file a bond of $10,000. The marshal of the United 
States court for China, who succeeded the consular marshal, now 
receives $3,000 per annum. Regularly appointed interpreters to 
consuls of the United States, if citizens of the United States, 
qualify by taking the oath of office, and are not required to give 
a bond. It is the policy of the State Department, so far as 
possible, to appoint such interpreters from the number of stu- 
dent interpreters provided by law, and who are under agreement 
to serve the United States for ten years. 

Provision is made by law for thirteen consular clerks, who 
are appointed by the President and hold office during good 
behavior. They are assigned from time to time to such con- 
sular offices as the Secretary of State may direct, and receive 
$1,000 for the first year's service, and $200 additional each year 



THE AMERICAN GOVERNMENT. 299 

thereafter, until the maximum of $1,800 is received. No person 
can be appointed a consular clerk who is not over eighteen years 
of age, and the establishment of this grade was intended to pro- 
vide a source from which adequate consular appointments could 
be made. In addition to these clerks, clerical assistance is af- 
forded consular officers by means of appointment of clerks which 
may be made, if necessary, by the Department of State, and 
the salaries of whom vary from $300 to $1,500 a year. 

SUPERVISION OF THE SERVICE. 

By the law which reorganized the consular service, provision 
was made for five inspectors of consulates, with the title of con- 
sul general at large. They are appointed by the President, with 
the advice and consent of the Senate, from the members of the 
consular force possessing requisite qualifications. They receive 
an annual salary of $5,000 each, with necessary traveling ex- 
penses, and make such reports as the Secretary of State directs, 
reporting to him the result of their investigations. It is required 
that every consulate shall be inspected at least once in two years, 
and the establishment of this force of inspectors relieves the 
consuls general, to a large degree, from the inspection work 
previously done by them. If a consul general at large finds that the 
work of a consul general or consul is not being properly performed, 
the President may authorize the inspecting officer to suspend the de- 
linquent consul and administer the office in his stead for a period 
not exceeding ninety days. The consul general at large, upon 
taking charge, has power to suspend any subordinate consular 
officer for the same period of time. It is the purpose of this 
provision to give the President immediate power of dealing with 
any irregularity that may be brought to his attention, but at the 
same time the period during which a consul general at large can 
act is strictly limited to the period which may be necessary to 
secure the presence of a new permanent incumbent at the post 
of duty. 



300 



THE AMERICAN GOVERNMENT. 



CLASSIFICATION OF CONSULATE-GENERAL AND CONSULATES. 

The act for the reorganization of the consular service of the United States, 
approved April S, 1906, provides: 

"Sec. 2. That the consuls-general and the consuls of the United States 
shall hereafter be classified and graded as hereinafter specified, with the sala- 
ries of each class herein affixed thereto." 



CONSULS-GENERAL. 

Class I. — Salary, $12,000 (2 in all). 
London, Paris. 

Class II. — Salary, $8,000 (6 in all). 
Berlin, Hamburg, Rio de Janeiro, 

Habana, Hongkong, Shanghai. 

Class III. — Salary, $6,000 (8 in all). 
Calcutta, Mexico City, Vienna, 

Cape Town, Montreal, Yokohama. 

Constantinople, Ottawa, 

Class IV. — Salary, $5,500 (il in all). 
Antwerp, Frankfort, St. Petersburg, 

Barcelona, Marseilles, Seoul, 

Brussels, Melbourne, Tientsin. 

Canton, Panama, 

Class V. — Salary, $4,500 (18 in all). 

Auckland, Coburg, Munich, 

Beirut, Dresden, Newchwang, 

Boma, Guayaquil, Rome, 

Buenos Aires, Halifax, Rotterdam, 

Callao, Hankow, St. Gall, 

Chefoo, Mukden, Singapore. 

Class VI. — Salary, $3,500 (9 in all). 
Adis Ababa, Guatemala, San Salvador, 

Bogota, ^ Lisbon, Stockholm, 

Budapest, Monterey, Tangier. 

Class VII. — Salary, $3,000 (3 in all). 
Athens, Christiania, Copenhagen. 



THE AMERICAN GOVERNMENT. 



301 



CONSULS. 

Class I. — Salary, $8,000. 
Liverpool. 

Class II.— Salary, $6,000. 
Manchester. 



Class III.— Salary, $5,000 (8 in all). 



Bremen, 


Havre, 


Lyons, 


Belfast, 
Dawson, 


Kobe, 

Lourengo Marquez, 


Pretoria. 




Class IV.— Salary, $4,5«> (12 


in all). 


Amoy, 


Foo Chow, 


Santiago de Cuba, 


Amsterdam, 


Glasgow, 


Southampton, 


Birmingham, 


Kingston (Jamaica), 


Veracruz, 


Cienfuegos, 


Nottingham, 


Valparaiso. 




Class v.— Salary, $4,000 (21 


in all). 


Bahia, 


Leipzig, 


Reichenberg, 


Bombay, 


Nanking, 


Santos, 


Bordeaux, 


Naples, 


Stuttgart, 


Colon, 


Nuremberg, 


Toronto, 


Dublin, 


Para, 


Tsingtau, 


Dundee, 


Pernambuco, 


Vancouver, 


Harbin, 


Plauen, 


Victoria. 




Class VI.— Salary, $3,500 (32 


in all). 


Apia, 


Edinburgh, 


Prague, 


Barmen, 


Geneva, 


Quebec, 


Barranquilla, 


Genoa, 


Rimouski, 


Basel, 


Georgetown (Guiana), 


San Juan del Norte, 


Berne, 


Lucerne, 


Sherbrooke, 


Bradford, 


Mannheim, 


Smyrna, 


Chemnitz, 


Montevideo, 


Three Rivers (Quebec),, 


Chungking, 


Nagasaki, 


Vladivostock, 


Cologne, 


Odessa, 


Winnipeg, 


Dalny, 


Palermo, 


Zurich. 


Durban, 


Port Elizabeth, 





302 



THE AMERICAN GOVERNMENT. 



Class VII. — Salary, $3,000 (47 in all). 



Aix la Chapelle, 

Annaberg, 

Barbados, 

Batavia, 

Burslem, 

Calais, 

Carlsbad, 

Colombo, 

Dunfermline, 

Diisseldorf, 

Florence, 

Freiburg, 

Ghent, 

Hamilton (Ontario), 

Hanover, 

Harput, 



Huddersfield, 

Iquitos, 

Jerusalem, 

Kehl, 

La Guaira, 

Leghorn, 

Liege, 

Mainz, 

Malaga, 

Managua, 

Nantes, 

Nassau, 

Newcastle (N. S. W.), 

Newcastle-on-Tyne, 

Port Antonio, 

Port au Prince, 



Sandakan, 

Seville, 

St. John (N. B.), 

St. Michael's, 

St. Thomas (W.Indies), 

San Jose (Costa Rica), 

Sheffield, 

Swansea, 

Sydney (N. S. W.), 

Sydney (Nova Scotia), 

Tabriz, 

Tampico, 

Tamsui, 

Trieste, 

Trinidad. 



Class VIII. — Salary, $2,500 (61 in all). 



Acapulco, 

Aden, 

Alexandretta, 

Algiers, 

Bamberg, 

Batum, 

Belize, 

Bergen, 

Breslau, 

Brunswick, 

'Cardiff, 

Chihuahua, 

Ciudad Juarez, 

Ciudad Porfirio Diaz, 

CoUingwood, 

Cork, 

Crefeld, 

Curasao, 

Eibenstock, 

Gothenburg, 

Hamilton (Bermuda), 



Hull, 

Jeres de la Frontera, 

La Rochelle, 

Leeds, 

Madrid, 

Magdeburg, 

Malta, 

Maracaibo, 

Martinique, 

Matamoros, 

Mazatlan, 

Milan, 

Moscow, 

Nice, 

Nogales, 

Nuevo Laredo, 

Orillia, 

Plymouth, 

Port Hope, 

Port Limon, 

Prescott, 



Puerto Cortes, 

Rheims, 

Rosario, 

Roubaix, 

St. Etienne, 

St. John's (N. F.), 

Sarnia, 

Sault Ste. Marie, 

Stettin, 

Tamatave, 

Tegucigalpa, 

Teneriffe, 

Trebizond, 

Valencia, 

Weimar, 

Windsor (Ontario), 

Yarmouth, 

Zanzibar, 

Zittau. 



THE AMERICAN GOVERNMENT. 



303 



Class IX.— Salary, $2,000 (70 in all). 



Aguascalientes, 

Antigua, 

Asuncion, 

Bagdad, 

Belleville, 

Belgrade, 

Bristol, 

Calgary, 

Campbellton, 

Cape Gracias a Dios, 

Cape Haitien, 

Cartagena (Colombia), 

Castellaniare di Stabia, 

Catania, 

Ceiba, 

Charlottetown, 

Coaticook, 

Cornwall, 

Durango, 

Ensenada, 

Fort Erie, 

Funchal, 

Gaspe, 

Gibraltar, 



Glauchau, 

Goree-Dakar, 

Grenoble, 

Guadeloupe, 

Hermosillo, 

Hobart, 

Iquique, 

Jalapa, 

Jamestown, 

Kingston (Ontario), 

La Paz (Mexico), 

Limoges, 

Manzanillo, 

Maskat, 

Messina, 

Moncton, 

Niagara Falls, 

Patras, 

Port Louis, 

Port Rowan, 

Port Stanley (F. L), 

Progreso, 

Puerto Cabello, 

Puerto Plata, 



Riga, 

Rouen, 

Saigon, 

St. Christopher, 

St. Hyacinthe, 

St. John's (Quebec), 

St. Pierre, 

St. Stephen, 

Saltillo, 

Sierra Leone, 

Sivas, 

Stavanger, 

Suva, 

Tahiti, 

Turin, 

Turks Island, 

Tuxpam, 

Utila, 

Venice, 

Warsaw, 

Windsor (Nova Scotia), 

Woodstock. 



TARIFF OF UNITED STATES CONSULAR FEES. 



[Revised to take effect November i, 1906.] 

Tariff of fees prescribed by order of the President to be charged by con- 
sular officers of the United States. All consular charges must be in strict 
accordance with this tariff, and be collected in gold or its equivalent. No fee 
or compensation will be collected for any service not covered by this tariff. 

(The fees in this tariff are not prescribed for American vessels and sea- 
men, because they are exempted by law from the payment of consular fees. 
■Consular agents will make the fees in this tariff the basis of collection from 
the Treasury for services to such vessels. Foreign-built vessels, unregistered, 
owned by American citizens, are not exempt from the payment of the fees 
prescribed herein.) 



304 THE AMERICAN GOVERNMENT. 

Miscellaneous services. 

1. Certificate to invoice, including declaration, in triplicate or 

quadruplicate, covering either importations or transit ship- 
ments, including any additional declaration or certificate not 
otherwise provided for which is required hy law or regula- 
tions for use in connection with the entry of the wares or 
the forwarding of the same in bond $2.50 

2. Invoice of returned American goods i.CX) 

3. Extra certificates or declarations as above described, including 

immigrant's oath (Form No. 128), when issued without an 

invoice certificate, each l.oo 

4. Certificate to extra copies of invoices, each I.CX) 

5. Certificate of disinfection, in triplicate or quadruplicate 2.50 

6. Landing certificate, including oaths of master and mate, and 

the complete execution of the certificate 2.50 

7. Seahng cars coming from Canada or Mexico, for each manifest 

in quadruplicate with the consul's certificate, including sealing 

of each car, vessel, bale, barrel, box, or package 1.00 

8. Issuing a passport — Form No. 9 i.oo 

9. Visaing a passport — Form No. 10 1.00 

10. Visaing a Chinese passport or certificate 1.00 

11. Marriage certificate, in duplicate. Form No. 87 i.oo 

12. For taking into possession the personal estate of any citizen 

who shall die within the limits of a consulate, inventorying, 
selling, and finally settling and preparing or transmitting, ac- 
cording to law, the balance due thereon, $2 for each $100 of 
value or fraction thereof. If part of such estate shall be de- 
livered over before final settlement, $1 for each $100 of value 
or fraction thereof to be charged on the part so delivered over 
as is not in money, and $2 for each $100 of value or fraction 
thereof on the gross amount of the residue. If among the 
effects of the deceased are found certificates of foreign stock, 
loans, or other property, $1 for each $100 of value or fraction 
thereof on the amount thereof. No charge will be made for 
placing the official seal upon the personal property or effects 
of such deceased citizen, or for breaking or removing the seals. 

13. For each certificate of protection, semsar, or certificate of em- 

ployment issued at Tangier * 2.00 



THE AMERICAN GOVERNMENT. 305 

Services to vessels and seamen. 

14. Bill of health, in duplicate* 5.00 

15. Supplemental bill of health, in duplicate* 2.50 

16. For receiving and delivering ship's register and papers, in- 

cluding consular certificates, as prescribed in Forms Nos. 13 
and 14, $1 for each 100 tons or fraction thereof, registered 
measurement (net), of the vessel for which the service is 
performed, if under 1,000 tons; but for American vessels 
running regularly by weekly or monthly trips, or otherwise, 
to or between foreign ports, this tonnage fee will not be 
charged for more than four trips in a year; and tonnage 
fees shall not be exacted for any vessel touching at or near 
ports in Canada on her regular voyage from one port to 
another within the United States, unless some official service 
required by law shall be performed. 

17. And for every additional 100 tons net or fraction thereof .50 

18. Shipping or discharging seamen, including the certificates there- 

of attached to crew list and shipping articles and given to 

seamen 2.00 

19. Authentication of copies of protests or other necessary doc- 

uments for vessels or seamen not otherwise provided for.. 2.00 

20. Preparation and acknowledgment for vessels or seamen of 

any oath or declaration for which a form is given in the 
Consular Regulations, or a similar necessary service not 
otherwise provided for 2.00 

21. Preparation and execution for vessels or seamen of any certi- 

ficate for which a form is given in the Consular Regulations, 

or similar necessary service not otherwise provided for 2.00 

22. Orders or letters for vessels or seamen for which forms are 

given in the Consular Regulations, or other similar necessary 

service not otherwise provided for 2.00 

23. Recording, when necessary, for vessels or seamen any docu- 

ment covered by the provisions of the Consular Regulations, 

for every hundred words or fraction thereof .50 

24. Noting marine protest — Form No. Z7 2.00 



♦Foreign war vessels are exempt from the payment of fees for bills of 
health. 



3o6 THE AMERICAN GOVERNMENT. 

25. Extending marine protest — Form No. 38 3.00 

If it exceed two hundred words, for every additional one 

hundred words .50 

26. Protest of master against charterers or freighters — Form No. 

39 2.00 

27. Clearance when issued by the consul, as at free ports 2.00 

28. Attending an appraisement of vessel's goods or effects, for each 

day's attendance 5.00 

29. Attending sale of vessel's goods, for each day's attendance 

during which the sale continues 5.00 

30. Attendance at a shipwreck, or for the purpose of assisting a ship 

in distress, or of saving wrecked goods or property, over 
and above traveling expenses, whenever the consul's interpo- 
sition is required by the parties interested, for each day 5.00 

Notarial and other services. 

31. Administering an oath and certificate thereof* 2.00 

32. Administering oath and preparing passport application i.oo 

33. Acknowledgment of a deed or power of ..attorney, or similar 

service, including one or more signatures, with certificate 

thereof 2.00 

34. Administering any and all oaths required to be made by pen- 

sioners and their witnesses in the execution of their pension 
vouchers, or certifying to the competency of a local official 
before whom the same were executed No fee. 

35. Acknowledgments connected with the transfer of United 

States bonds No fee. 

36.' Administering oaths to or taking acknowledgments of officials 
or employees of the United States Government, in connection 
with their official business or accounts No fee. 

27. For rendering notarial services to officials of foreign govern- 
ments who render gratuitously reciprocal courtesies to Amer- 
ican diplomatic and consular officers No fee. 



*Executive order of December 21, igo6, prescribes that no fee shall be 
charged for the affidavit of temporary stay of owner of sealskin garment 
entering the United States from Canada. 



THE AMERICAN GOVERNMENT. 307 

38. Certifying to official character of a foreign notary or other 

official 2.00 

39. For taking depositions, executing commissions or letters roga- 

tory, where the record of testimony, including caption and 
certificate, does not exceed 500 words 10.00 

For each additional 100 words or fraction thereof .50 

The foregoing fee shall cover the administration of the oath 
and all services of the consul as commissioner, but shall not 
include services of clerk, stenographer or typewriter, which 
shall be additional at the rate prescribed herein for copying. 

40. Copies : 

For the first hundred words or fraction .50 

For every additional hundred words or less .25 

41. Translations : for every one hundred words or fraction .50 

.42. Additional fee for all services contemplated by fees num- 
bered 31, 32, 33, 38, 39 when rendered elsewhere than at the 
consular office at the request of the interested parties, for 
each hour or fraction thereof i.oo 

In connection with any service rendered outside of the con- 
sular office at the request of private individuals, the exact 
amount of the expenses actually and necessarily incurred by 
the person rendering the service shall be collected from the 
persons for whom the service is performed in addition to the 
fee or fees prescribed therefor and a note of the amount shall 
be made on the margin of the fee book and fee return op- 
posite the entry of the service and fee ; but no amount in 
excess of the fee or fees prescribed and such actual and neces- 
sary expenses shall be charged or accepted. 

VI. — Compensation of Consular Agents. 

The act for the reorganization of the consular service of the United States, 

.approved April 5, 1906, provides : 

"Sec. 8. That all fees, official or unofficial, received by any officer in the 
consular service for services rendered in connection with the duties of his 
office or as a consular officer, including fees for notarial services, and fees 
for taking depositions, executing commissions or letters rogatory, settling 
estates, receiving or paying out moneys, caring for or disposing of property, 
shall be accounted for and paid into the Treasury of the United States, and 
the sole and only compensation of such officers shall be by salaries fixed by 

",law; but this shall not apply to consular agents, who shall be paid by one-half 



3o8 THE AMERICAN GOVERNMENT. 

of the fees received in their offices, up to a maximum sum of one thousand 
dollars in any one year, the other half being accounted for and paid into the 
Treasury of the United States. And vice-consuls-general, deputy consuls- 
general vice-consuls, and deputy consuls, in addition to such compensation 
as they may be entitled to receive as consuls or clerks, may receive such 
portions cf the salaries of the consul-general or consuls for whom they act 
as shall be provided by regulation." 



THE AMERICAN GOVERNMENT. 309 

CHAPTER IX. 

THE TREASURY DEPARTMENT. 

The organization of the Treasury Department is directed to three 
ends: The collection of moneys which may become due to the 
United States ; the proper custody thereof,- and the payment, under 
due safeguards, of the amounts which have been ascertained to be 
due to claimants against the United States or to authorized dis- 
bursing officers for the purpose of meeting the necessary expenses 
of the government. While the incidental operations of these three 
activities are intricate and complicated, all of the work of the 
Treasury Department in the final analysis is directed toward one 
of the three purposes suggested. 

The main sources of the income of the United States are the 
duties imposed upon goods manufactured abroad and brought into 
the United States and taxes levied upon certain manufactures 
within the United States. One grand division of the Treasury 
Department, therefore, relates to the collection of customs and 
of the internal revenue impost taxes. A second section relates to 
the custody and care of the money collected, together with the 
matters growing out of the possession by the nation of large assets, 
which must be so administered as to be available at all times for 
the nation's needs, without withdrawing from the circulating 
mediums of the country reserve funds of so large amounts as to 
cripple commerce and the interchange of commodities. Thus upon 
the basis of the necessary reserve of actual coin and upon the 
guarantee of financial ability afforded by the national assets and 
tax-paying power, a currency or circulating medium is established 
by means of which, without the actual exchange of gold and silver, 
commercial transactions may be carried on and the great system 
of commercial credit sustained. 

By the third function of the Treasury Department, amounts which 
may be due from the United States are accurately ascertained and 



3IO THE AMERICAN GOVERNMENT. 

the public treasury guarded from unwarranted expenditures and 
the mistakes and possible bad faith of public servants. 

THE CUSTOMS SERVICE. ' ' 

Two methods of raising revenue are available to sovereigns and 
sovereign States. One is the assessment of a given amount on 
each person in the nature of a contribution toward the expenses 
of the State, and the other is a tax or tariff upon certain articles 
of consumption by which the consumer indirectly contributes to 
the support of the government. The several States forming a 
federal union having relinquished to the Federal Government the 
right to impose duties on imports to the Federal Govern- 
ment, are compelled to raise the bulk of their incomes 
by direct taxes, which are generally apportioned on the 
basis of the value of the real estate or the personal property 
of the citizen. The immediate assessment upon real and personal 
property is generaly made by the city or town in which the property 
is located, and consists of a proportionate property tax to be paid 
by the individuals to the city or town, and by the municipality to 
the county for the expenses of the latter. For State purposes ex- 
clusively a poll tax is frequently assessed collectible by the muni- 
cipality and paid by the latter to the State, otherwise State ex- 
penses are paid by an assessment on municipalities. 

The difficulties of assessing and collecting direct taxes by other 
than the smaller governmental subdivisions has made the device 
of a tariff tax that most generally followed by central governments,, 
while within the United States there has alv/ays been a strong ad- 
vocacy of the theory that the tax on imported articles was, in ad- 
dition to being a more or less satisfactory way of raising income 
for the support of the Federal Government, a device of economic 
value as well. It is also a prevailing theory that indirect taxes for 
the support of the government should bear more heavily upon the 
luxuries of life than upon the necessities. That is to say that the 
burden of those who are able only to secure the necessary articles 
of life should be less than upon those who are able to afford more 
than the necessities. 



THE AMERICAN GOVERNMENT. 3" 

In the earlier days of manufacturing in the United States it was 
argued that while articles brought from abroad were perhaps finer 
and better than those produced in the United States, the latter 
country could produce articles which would answer the purpose of 
the foreign manufacture in domestic use, so that those who pre- 
ferred to use foreign goods ought to be required to pay a fee for 
the privilege. Following close upon this came the theory that if 
the goods produced abroad were sold in the United States at a sum 
greater than that charged for goods of home manufacture, there 
would be a marked stimulus to manufacturing industries of the 
United States, so that the prosperity of the country would be ma- 
terially enhanced. The other side of the argument has been sus- 
tained by tliose whose interest has been in the possession of agri- 
cultural staples and who desired to have manufactured goods on 
the market at as low a rate as possible in order that, in the ex- 
change, a given quantity of natural products might secure the 
largest possible quantity of manufactured products. The reply to 
this position has been that the artificial stimulus of manufacturing 
creates a greater demand for natural products so that the home 
market thus extended for both natural and manufactured products 
is of greater benefit to the manufacturer and to the agriculturist, 
including of course the employees of both, than a system under 
which goods might be purchased from the cheapest source of pro- 
duction. 

The economic policy of the United States previous to the Civil 
War alternated between results based upon the argument of two 
schools of tariff thought, but there has been, since the Civil War, 
no material departure from the higher rate of tariff adopted as a 
revenue raising expedient to meet the tremendous cost of that 
great struggle. Duties of course have been lowered and changed 
and there have been periods of so-called low tariffs. These have 
been, however, but transitory, and the purpose of the tariff legisla- 
tion of Congress affecting the collection of revenues at the ports 
of revenue of the United States has been, almost uniformly, during 
the past quarter of a century to afford as much protection as pos- 
sible tp American manufacturers without regard to whether the 



312 THE AMERICAN GOVERNMENT. 

duties imposed would result in a maximum of revenue or a mini- 
mum of items on which an import duty was placed. 

Most of the customs revenues are collected at the chief seaport 
cities of the United States, but large sums are also involved in con- 
nection with imports via Canada and Mexico and in order to guar- 
antee their collection it is necessary to maintain an organization 
covering the entire coast and frontier of the country. The portion 
of the Treasury Department which performs the duties of collec- 
tion of customs duties, and of guarding against the unauthorized 
introduction of foreign goods, that is to say, smuggling, is under 
one of the Assistant Secretaries of the Treasury, and has developed 
in the history of the United States a highly specialized organization 
intended to see that all dutiable goods are declared, and that the 
proper assessment and collection of duties is made. 

For the purpose of adequate administration of the law relative 
to the importation of foreign goods, this country is divided into 
customs districts, a list of which is appended hereto. Officers are 
appointed for such districts, the chief of which in each case is the 
collector of customs. It is evident that every point at which it might 
be possible to land foreign goods from the sea and to bring them 
in from an adjacent country could not be furnished with a customs 
officer, so that it is necessary to designate within districts one or 
more places where such goods may be entered according to law; 
the collector residing at the principal point in such district, and 
deputy collectors residing at the subordinate places. It also fre- 
quently occurs that a city having a considerable trade is not in the 
way of direct importations, but receives its foreign goods through 
another port of entry. For the convenience of merchants of such 
cities these places are designated as ports of delivery though they 
may be far distant from the coast or frontier, and goods delivered 
at ports of entry are allowed to be transported in bond across the 
intervening country to the city of their destination, where they are 
assessed for duties by a local customs officer, generally a surveyor, 
in the same manner as they would have been if they had been 
surveyed for imposition of duty at the port of entry, and then 
shipped on to their destinations. 



THE AMERICAN GOVERNMENT. 313 

Collectors of customs are appointed by the President by and with 
the advice or consent of the Senate for terms of four years. The 
collector, as well as all other officers of the customs, is required to 
take and subscribe to an oath in addition to the usual oath of office 
that he will use his best endeavors to prevent and check frauds 
against those laws of the United States which impose duties upon 
imports. Collectors are required to give bonds for the faithful dis- 
charge of their duties, the amount of the bond in each case being^ 
fixed by law, and in proportion to the amount of custom duties col- 
lected within the various districts. The compensation of the col- 
lector is also either determined by the fees collected by him, or he 
is allowed an annual salary based upon the collections of his dis- 
trict. 

On the arrival of a vessel containing goods from abroad or by 
means of land transportation at a port of entry, it is the first duty 
of the captain of the vessel or person in charge of the goods to 
deliver to the collector at the port of entry a correct statement of 
the character, quantity, and value of the goods which have been 
transported, such statement being checked by a copy of the certified 
invoice which has been forwarded by the consular officer abroad at 
the point of shipment, as detailed under the chapter on Consular 
Officers. It is the duty of the collector to require that suitable 
guarantee shall be given for the payment of duties which may be 
imposed upon the goods, and upon this guarantee being given, the 
collector will issue a permit for the unloading of the vessel, or for 
the goods involved to proceed to their point of destination if in- 
land transportation is involved. 

In the unloading of vessels the proper account of the quantity 
and quality of goods is kept and reported to the collector who 
estimates the amount of duty which is to be paid thereon, and 
sees that the amounts thus becoming due are paid into him to be 
deposited in the treasury of the United States directly, or through 
one of the designated depositories. 

The collector, as chief of the local custom officials, is charged 
with the supervision of the duties of the other officials, and with 
the employment of such subordinates as may be necessary, and for 



314 THE AMERICAN GOVERNMENT. 

; 

whose employment specific provision has not been made by law. 
He must also see that suitable storehouses are provided for the 
custody of goods, and that the proper weights and measures are 
available for determining quantities. 

In the more important ports an official is provided to assist and 
check the collector in the matter of assessment of duties. This is the 
"naval officer," who is appointed by the President by and with the 
advice of the Senate for the term of four years, and who receives 
copies of all manifests and entries of goods and is required to esti- 
mate, together with the collector, the duties on all merchandise sub- 
ject to duty, no duties being receivable without the estimate of the 
naval officer at the port where such an officer has been provided. 
The naval officer is also required to keep a separate set of estimates 
from those kept by the collector, and is required to countersign all 
permits, clearances, certificates and other documents which the 
collector grants. The naval officer is also required to examine the 
collector's records and accounts and certify the same when they are 
found to be correct. When there is no naval officer appointed at 
a port it is provided that the collector shall perform the duties of 
such an officer and at a port where neither a naval officer or sur- 
veyor is appointed, a collector is supposed to assume the duties of 
all three places. 

Collectors of the customs under former law were permitted to 
name, with the approval of the Secretary of the Treasury, such a 
number of proper persons as deputy collectors of customs as he 
might deem necessary. This was superseded, however, in 1904, 
when deputy collectors were included in the classified civil service 
of the United States. As at present conducted, many of the cus- 
toms districts of the United States present the condition of the 
collector or head of the service in the district receiving from the fees 
allowed to him only a moiety of the amount which is paid as salary 
to his deputy and, in some instances, the compensation of the col- 
lector is less than that of all but the very lowest classes of em- 
ployees. It is also the fact that in many of the districts the cost of 
collecting the revenues from customs is nearly equal to, and ill 
some cases it may be equal to or exceed the amounts collected. This 



THE AMERICAN GOVERNMENT. 315 

condition has frequently been called to the attention of Congress, 
but local pride in contesting the abolition of any custom house, 
coupled with the consideration that such establishments as now 
exist act as a preventive against smuggling, has, so far, pre- 
vented radical action with reference to reducing the number of 
custom houses and the cost of the collection of the customs revenues. 

All collectors, as well as other principal customs officers, are re- 
quired to give an account to the Treasury of all emoluments and 
also for all expenses incident to the offices which may be paid from 
the fees. They are required to execute and carry into effect all 
instructions of the Secretary of the Treasury in regard to the 
revenue laws, and in case any difficulty arises to adhere to the con- 
struction placed upon the law by the Secretary of the Treasury, 

No collector is allowed to receive in the aggregate from fees and 
emoluments sums amounting to more than $6,000.00 a year, but this 
is exclusive of the expenses which he may incur in the conduct of 
his office. This maximum amount is, however, seldom reached, for 
the reason that provision has been made for salaries for the collec- 
tion districts to which it would apply, and provisions have been 
made for smaller maximum amounts in accordance with the im- 
portance of various districts and which are fixed in detail by the 
statutes. As evidencing the comparison in importance between the 
offices of collector and of naval officer, it may be noted that the 
maximum compensation of these emoluments of the naval officer 
is fixed at $5,000.00. 

In order to facilitate and make certain the process of collecting 
duties on foreign goods it is made unlawful for a vessel laden with 
such goods to enter at other than a designated port of entry or to 
unload her cargo without a collector's permit Every vessel ar- 
riving within a collection district must within 24 hours make a re- 
port of such arrival to the collector under a heavy penalty. 

If a vessel has on board distilled spirits or wine a special re- 
port as to this portion of the cargo must be made within 48 hours 
after the arrival of the vessel. When any portion of the cargo 
of a vessel is to be carried on further to another foreign port, notice 
must be given within 48 hours to the collector of the character of the 



3i6 THE AMERICAN GOVERNMENT. 

merchandise to be re-exported, and a bond filed that it shall not be 
landed at any point within the United States. Special provisions 
are made by law permitting the collector, with the approval of the 
Secretary of the Treasury, to make arrangements with the masters of 
vessels engaged in regular packet service between a port of entry and 
a foreign port to file a preliminary declaration and bond so that the 
vessel upon arrival may proceed at once to the wharf and begin un- 
loading without any delay for the purpose of inspecting or surveying 
the cargo to determine the approximate amount of duty which will 
become due. 

Where vessels are to proceed from one district to another with- 
in the United States, the collector is required to redeliver to the 
master of the vessal the manifest of the cargo with a notation there- 
on of the proportion of the cargo which has been landed within 
that particular district, only such duties being collected in that 
particular district as accrue on account of the merchandise there 
landed, the duties of the balance being collected at the point where 
the merchandise is finally delivered. It is required, however, that 
a bond shall be given in the district of the first entry that the balance 
of the merchandise shall be duly landed in another district within 
the United States, and the duties paid thereon. 

The report of the master of the vessel, heretofore set forth, is not 
the formal entry of the merchandise for the collection of duties, being 
a preliminary to that act and a provision of law intended to secure 
to the collector notice of all merchandise coming within his juris- 
diction. Within 15 days after the delivery of the manifest of cargo 
to the collector, the owner or consignee of the imported goods must 
make a sworn statement before the collector, of the character and 
value of the goods imported, producing the original invoices of the 
merchandise, and especially certifying the kind of money in which 
the invoices are made out. Such entries may also be made by the 
agents of the owners or actual consignees, in which case a bond of 
$1,000.00 is taken from the agent as a guarantee that the owner 
or consignee shall furnish all of the information required by law 
and which is necessary to secure the proper assessment of duties. 

A certain proportion of commodities on board a vessel being such 



THE AMERICAN GOVERNMENT. 317 

as would be used as sea stores are exempt from duty, but it is in 
the discretion of the collector to determine whether the articles 
presented as sea stores are in excess of the necessary amount, and 
in such case to impose duties upon the balance. 

Certification of invoices by a consul of the United States is 
one of the chief means of identification in determining the 
proper rate to be charged as import duties, and to this has been 
added the system of appraisement to be hereafter described. If a 
collector has reason to suspect that a shipment of goods has been 
undervalued or wrongly described so that a loss may be caused to 
the United States, he is empowered to take the merchandise into his 
possession and to retain it until such time as its actual value may be 
ascertained. The usual time for unlading the cargo is between sun- 
set and sunrise in order that there shall be competent inspection. 
In cases of necessity, however, collectors have power to issue 
special licenses for the unlading of the cargo at night and under 
such restriction as the collector may deem to be advisable. A limit 
is also set by law to the time during which a vessel bringing in 
dutiable articles must be unloaded. This is from ten to twenty-five 
days, in accordance with the size of the vessel, and if any merchan- 
dise is found in the vessel after that time which has not been de- 
clared for another district or a foreign port, the collector may take 
possession of such merchandise. An extension may be granted, 
however, in case of a vessel loaded with articles in bulk, not to 
exceed a further time of fifteen days. 

No dutiable article landed can be removed from the wharf or 
warehouse if it is required to be weighed or measured until it 
has been properly measured and the evidences of measurement 
affixed to it according to law. 

When a vessel puts into a port of the United States in distress the 
master may, by making oath as to the circumstances, secure immu- 
nity from the customs regulations for such time as may be necessary, 
and also receive a permit for the unlading of the goods carried by 
the vessel, if such an unlading is made necessary by the repairs re- 
quired. It is required that such unlading shall be duly overseen, 
:and that precaution shall be taken to prevent the goods so unladen 



3i8 THE AMERICAN GOVERNMENT. 

being removed, so that they will enter the United States without the 
payment of duty. 

The collector is required to designate on the invoice of goods 
presented for entry at least one package on every invoice and one 
package at least of every ten packages of merchandise to be opened, 
examined, and appraised. This duty is usually performed by 
examiners and appraisers appointed by law at the different ports, 
but when no such officials are provided for the collector may call in 
the services of two merchants, who, through familiarity with the 
character of the goods to be appraised, may be expected to be able 
to pass an expert opinion upon them. Such an appraisement is, 
of course, under oath, while the appraisement of the officers pro- 
vided by law is under their general oath as customs officials. 

No merchandise which is liable to inspection and appraisement 
can be delivered without such action has been duly taken and the 
results certified to the collector. Arrangements may be made, how- 
ever, by giving bond in double the amount of the probable duty to 
secure possession of the main portion of the shipment while the 
packages reserved for appraisement are being examined. The value 
of the goods upon which the duty is assessed is the market value 
of such imports at the principal markets of the country from which 
the merchandise was exported, and upon the day of its exportation. 
This provision marks the value of the consular service not only 
in certification of invoices, but in furnishing information to customs 
officials of the prices current of the commodities usually sold in 
the countries in which they are stationed. 

The manner of the appraisement of imported goods includes the 
most difficult and delicate of the duties of the customs service. 
At the principal ports appraisers and their assistants are employed 
who are especially versed as to the qualities and values of particular 
goods imported at those ports. 

The most important port in this respect is the port of New York, 
which handlfes large quantities of finer grades of European manu- 
factures. The preliminary work with regard to the appraisement 
of goods is performed by the appraiser or one of his assistants. If 
performed by one of the latter the results of the appraisement are 



THE AMERICAN GOVERNMENT. 319 

revised and corrected by the appraiser, who certifies the same to 
the collector of the port. In ports where no appraiser is provided one 
of the subordinate customs officials is designated to perform the duty. 
If the collector accepts the result of the appraisement, he fixes the 
duties upon the shipment of goods accordingly. Should, however, he 
regard the appraisement as too low, he may order a reappraisement 
to be made by one of the general appraisers hereafter described. 

If the importer regards the appraisement too high, he may, with- 
in two days, if he has complied in all respects with the requirements 
of law as to due entry of the merchandise, make a protest to the 
collector, on receipt of which the collector must direct a reappraise- 
ment by one of the general appraisers. 

Nine of the latter officials are provided for to be appointed by the 
President by and with the advice and consent of the Senate, and to 
receive a salary of $7,000.00 a year. Not more than five of the 
general appraisers can be appointed from the same political party, 
and they are not to be engaged in any other business or employ- 
ment, the purpose of the law being to provide a force of entirely 
impartial arbitrators between the importers and those who are 
charged with the duty of fixing the customs revenues under the 
law. 

The general appraisers are assigned so that three of the ap- 
praisers are on duty daily in New York, forming a board of general 
appraisers for appeal in that port. The other general appraisers 
are assigned to districts by the Secretary of the Treasury, and in 
addition to the duty of reappraisement heretofore described, have 
general supervision in their districts over appraisement and class- 
ification, and have authority to take such action as may be needful 
to secure a lawful and uniform appraisement at the several ports. 

If the collector, or the owner, consignee, or the agent, shall be 
dissatisfied with the reappraisement by the said board of general 
appraisers, a further appeal is provided for to a board of three 
general appraisers, either that which is in constant session in New 
York, or a board which shall be designated by the Secretary of the 
Treasury. The decision of this board or a majority of the members 
is final and conclusive and the decision is transmitted to the col- 



J20 THE AMERICAN GOVERNMENT. 

lector or person having charge of the collection of the duties for 
the liquidation of the amounts due unless the owner, consignee, or 
^gent, being still dissatisfied takes an appeal within thirty days to 
the Circuit Court of the United States within the district within 
which the matter arises. All papers in this controversy must be 
referred to the Circuit Court which shall, if it deem advisable, 
designate one of the general appraisers to take further evidence 
in the case. Further appeal may be taken to the Circuit Court of 
Appeals, the decision of which is final unless the Supreme Court 
grants a writ of certiorari. 

In order 'to promote uniformity of classification and appraisement 
in the different ports in the United States provision is made by 
law for payment of expenses of local appraisers while in attendance 
upon meetings directed to be held by the Secretary of the Treasury 
for the purpose of consultation and comparison on methods of 
appraisement and of points of construction of the customs laws. 

All decisions of the board of general appraisers are open to in- 
spection and an abstract of the same is prepared for the general 
use of customs officers. The chief business relating to appraise- 
ment and classifications is carried on in New York before a per- 
manent board of general appraisers, while the major portion of 
appeals to the United States Courts originate in the New York 
customs business. 

For the purpose of assisting the officers of the customs and to 
protect the interest of the United States a solicitor of customs is ap- 
pointed for the port of New York with assistants who represent 
the interest of the United States before the board of general ap- 
praisers, and prepare cases on behalf of the United States, which are 
referred to the United States Attorney for the Southern District of 
New York for prosecution in the Circuit Court. 

For the purpose of a proper appraisement the services of experts 
in many lines, chemists and examiners, are utilized and sub-pro- 
visions under the general head of appraisements provide for re- 
examination and for the protection of the interest of the importer 
as well as also of the government. Where the business of the port 
■warrants, the collector, under the direction of the Secretary of the 



THE AMERICAN GOVERNMENT. 321 

Treasury may either hire suitable warehouses, or approve the ap- 
pHcation of private persons owning such warehouses and stores to 
allow to be stored therein, articles which are subject to duty, but 
on which duty has not yet been paid. The purpose of the bonded 
warehouse system is to provide a means for the safe custody of 
goods which are not intended for immediate sale or consumption, 
and where the requirement of the immediate payment of the duties 
would create a hardship by reason of compelling the merchant to 
allow large sums, represented by such duties to remain idle. Upon 
the giving of proper bonds in cases in which the warehouses 
are of private ownership, or in leaving the goods under the custody 
of the collector on paying the warehouse fee or storage, the goods 
may remain in bond until they are needed for actual sale or con- 
sumption, the duty being paid upon withdrawal instead of upon 
being landed from the vessel in which they are imported. 

Provision is made for the sale and distribution of the proceeds 
thereof when goods have remained in a public warehouse or bonded 
store for a year without payment of charges, and all goods remain- 
ing for three years, if charges have been paid in part are to be re- 
garded as abandoned and will also be sold. 

The goods which may be deposited in a public store or in a 
private bonded warehouse may be withdrawn at any time within 
three years, and re-exported or shipped to another customs district, 
the duties being paid in the latter district. 

Bonded warehouses can only be opened in the presence of the 
proper officer of the customs and a penalty is provided for unlaw- 
ful opening and for the fraudulent removal of the goods. 

Importers of articles which are to be reimported are entitled to a 
a drawback on the duty paid, and it is the duty of the collector to 
have all such merchandise entered for re-exportation, inspected and 
examined, comparison being made with the original invoice so that 
no fraud may be committed on the customs by unwarranted claims 
for refund or deductions on account of re-exportations. 

In order that vessels owned by citizens of the United States shall 
have the benefit of the navigation laws of this country, it is neces- 
sary for each such vessel to be registered with the collector of the 



322 THE AMERICAN GOVERNMENT. 

port which is the residence of or the nearest to the residence of the 
managing owner thereof. The application for such registry must 
be accompanied by an oath showing the burden of the vessel, the 
place where she was built, and her ownership, and that no subject 
of another nation is directly or indirectly interested in the vessel 
or the profits arising out of her use. Before the vessel can be 
registered it must be measured by the surveyor of the port if there 
be one, or by the collector if there be no surveyor 
and figures representing her cargo capacity must be cut 
into her timbers in such a manner that they can not 
be readily effaced. The collector makes out the register of the 
vessel in the required form and delivers it to the owner or manager, 
keeping a record thereof in the book provided for that purpose. This 
register belongs exclusively to the vessel, and cannot be transferred 
and if the vessel is lost must be returned to the port at which the 
register was made. The register serves as an identification of the 
vessel and without it she becomes an illegal craft not only subject 
to the loss of the privileges under the navigation laws of the United 
States, but a subject of suspicion as well to all officers of the United 
States and of foreign nations. 

Upon the sale of a vessel by the owners by whom she was 
originally registered, it becomes necessary to have the register 
amended so as to show the fact of the sale. A bond is required of 
the owner in each case to insure compliance with the navigation laws 
and that there shall be no evasion of the terms of registry by which 
foreign citizens may profit by the fact of American registry. 
Foreign vessels can only be admitted to American registry when 
because of wreck the vessel has had to be substantially rebuilt, or 
when such alterations have been made upon her as to approximate 
the cost of a new vessel, the purpose of registration being in part 
to promote the interest of American shipbuilding, and to prevent 
the ownership of foreign built vessels under the United States. 

When a vessel which has been registered is substantially altered 
or rebuilt, it is necessary for her to secure a new register, and a 
change of ownership also requires the application to the collector 
of the port for re-registration. In addition to the collection of 



THE AMERICAN GOVERNMENT. 323 

customs it is the duty of each port to collect the tonnage dues which 
are imposed upon foreign vessels. These are on vessels built within 
the United States but belonging in whole or in part to foreigners, 
thirty cents per ton, that is to say, per ton burden, which is a 
certain amount of the cubic space, being the unit of the total arrived 
at by measuring the length, breadth and depth of all space within 
the vessel which may be utilized for the transportation of cargo. 
For vessels that are not connected in any way with the United States 
a tax of fifty cents per ton is imposed. A further tax is provided 
by law of $2.00 per ton on vessels which may enter ports of 
the United States from ports at which vessels of the United States 
are not allowed to trade, while there is also a discretionary pro- 
vision, permitting the remission of tonnage taxes in reciprocity with 
similar actions of other nations. 

Other provisions in the direction of lessening the amount of 
tonnage taxes are made with relation to vessels making frequent 
trips from nearby foreign countries, and in cases of vessels making 
regular trips between the United States and Canada on the inland 
waters between the two countries but a single imposition of the 
tonnage tax is required, that on the occasion of the first trip at 
the beginning of the year. 

The executive officer of the collector of the port for services con- 
nected with the ascertainment of quantities of merchandise actually 
landed is the surveyor. He is required under the direction of the 
collector to attend to the work of all inspectors, weighers, measurers 
and gaugers, reporting once a week the names of any who neglect 
their duty. Upon the arrival of a vessel from a foreign port it is 
the duty of the surveyor to cause her to be boarded and a return 
made to the collector of the name of the vessel, her nationality and 
the general character of her cargo. One or more inspectors are 
put aboard each vessel so arriving, as soon as may be practicable 
after her entrance within the limits of the port to see that all goods 
landed correspond with the collector's permit and to ascertain the 
true quantities and kinds of distilled spirits which may be on board 
the vessel, and to superintend the lading for exportation of all 
goods re-exported and on which a drawback may be claimed. 



324 THE AMERICAN GOVERNMENT. 

The surveyor is also required to inspect and certify the correctness 
of all instruments of measurement used by the subordinate 
officers. Inspectors of customs houses are utilized to board in- 
coming vessels to see that no goods are removed without permit of 
the collector, to check goods so removed from the vessel, so that 
their quantities may be ascertained. Weighers are employed at the 
point of unlading of the cargo and supplied with scales for the 
purpose of ascertaining quantities by weight. Gaugers measure 
packages containing distilled liquors and wines, most of these 
officers being at the present time under regular salaries are classified 
under the civil service of the United States, although provision is 
made for the employment of temporary officials at per diem or fees, 
as the case may be, when the amount of business done is not 
such to warrant employment of permanent officials in any given 
capacity. Inspectors of customs service under direction of the col- 
lector are charged with the duty of seeing that the navigation laws 
with respect to the number of persons that are carried on steam 
vessels are enforced. 

In addition to the regular local employees of the customs service 
an appropriation is made by Congress for the employment of special 
agents in the nature of detectives for the purpose of making investi- 
gations into the matters relating to the importation of foreign goods, 
and for supplying the department with information, either as to the 
operations of the customs officers or of merchants and importers who 
may be evading the proper payment of duties. These agents are 
employed not only for service in the United States but abroad as 
well, and they secure information which is of value to the customs 
authorities at the points in Europe and other countries where the 
principal shipments to the United States originate and where con- 
spiracies for the purpose of defrauding the United States may be 
formed. The reports of the special agent are a part of the total 
amount of information upon which the collecting officer checks the 
proper duties to be paid, and the operations of this branch of the 
services are necessarily kept secret, the duties of the officers being 
similar to those performed by the secret service with relation to the 
coin and bank notes of the United States. 



THE AMERICAN GOVERNMENT. 



32s 



LIST OF CUSTOMS DISTRICTS AND PORTS OF ENTRY AND DELIVERY. 

Districts. Ports of Entry. Ports of Delivery. 

MAINE. 

Aroostook Houlton Pembroke. 

Passamaquoddy Eastport Robbinston, 

Calais, subport of entry. 

Machias Machias 

Frenchmans Bay Ellsworth Union River. 

Mount Desert Ferry, subport of 
entry. 
Castine Castine Bluehill. 

Deer Island. 

Bucksport. 

Bangor Bangor Frankfort. 

Vanceboro Hampden. 

Lowrelltown, subport of entry. 

Belfast Belfast Prospect. 

Vinalhaven, subport of entry. Rockport. 

North Haven. 

Camden. 

Waldoboro Waldoboro Bristol. 

Rockland, subport of entry Damariscotta. 

Warren. 

Thomaston. 

Cushing. 

St. George. 
Wiscasett Wiscasett Boothbay. 

Alna. 
Bath Bath Hallowell. 

Pittston. 

Georgetov^rn. 

Bowdoinham. 

Gardiner. 

Richmond. 
Portland and Fal- 
mouth Portland North Yarmouth. 

Brunswick. 

Freeport. 

Harpswell. 

Saco Scarboro. 

Kennebunk Kennebunk Wells. 

Kennebunk Port. 
York York 



326 THE AMERICAN GOVERNMENT. 

LIST OF CUSTOMS DISTRICTS ANB PORTS OF ENTRY AND DELIVERY — Continued. 

Districts. Ports of Entry. Ports of Delivery. 

NEW HAMPSHIRE. 

Portsmouth Portsmouth ^ Newcastle. 

Dover. 
Exeter. 
Kittery, Me. 
VERMONT. Berwick, Me. 

Vermont Burlington 

St. Albans, subport of entry. 

Alburg, subport of entry. 

East Alburg, subport of entry. 

Swanton, subport of entry. 

Highgate, subport of entry. 

Franklin, subport of entry. 

West Berkshire, subport of entry. 

Windmill Point, subport of entry. 

Richford, subport of entry. 
Memphremagog Newport 

NorthTroy, subport of entry. 

Derbyline, subport of entry. 

Island Pond, subport of entry. 

Canaan, subport of entry. 

Beecher Falls, subport of entry. 

MASSACHUSETTS. 

Newburyport Newburyport Amesbury. 

Salisbury. 

Haverhill. 

Newbury. 

Ipswich. 
Gloucester. Gloucester Manchester. 

Rockport. 

Salem and Beverly. . Salem Danvers. 

Marblehead Marblehead Lynn. 

Boston and Charles- 
town Boston Medf ord. 

Cohasset. 

Hingham. 

Weymouth. 

Cambridge. 

Roxbury. 

Dorchester. 

Worcester. 



THE AMERICAN GOVERNMENT. 327 

LIST OF CUSTOMS DISTRICTS AND PORTS OF ENTRY AND DELIVERY — Continued. 

Districts. Ports of Entry. Ports of Delivery. 
Plymouth Plymouth Scituate. 

Kingston. 

Duxbury. 

Marshfield. 
Barnstable Barnstable Sandwich. 

Falmouth. 

Harwich. 

Wellfleet. 

Provincetown. 
' Chatham. 

Dennis. 

Nantucket Nantucket Bourne. 

Edgartown ^Edgartown 

New Bedford N ew Bedford Westport. 

Rochester. 

Wareham. 
Fall River Fall River Swansea. 

Somerset. 

Freetown. 

Berkley. 

Taunton. 

RHODE ISLAND. 

Newport Newport North Kingston. 

Tiverton. 

Bristol and Warren. .Bristol and Warren Barrington. 

Providence Providence Pawtuxet. 

East Greenwich. 

CONNECTICUT. 

Stonington Stonington Pawcatuck River. 

New London New London Norwich. 

Groton. 

Lyme. 
Hartford Hartford Saybrook. 

Enfield. 

Clinton. 

Westbrook. 

Old Saybrook. 

Essex. 

Chester. 

Haddam. 



328 



THE AMERICAN GOVERNMENT. 



LIST OF CUSTOMS 

Districts. 
Hartford , 



New Haven. 



Fairfield. 



DISTRICTS AND PORTS OF ENTRY AND DELIVERY — Continued. 

Ports of Entry. Ports of Delivery. 
. . Hartford East Haddam. 

Middletown. 

Chatham, 

Portland. 

Cromwell. 

Rockyhill. 

Wethersfield. 

Glastonbury. 

East Hartford. 

Springfield, Mass. 

Vernon (Rock- 
ville). 

South Manchester 
. . New Haven Guilford. 

Branford. 

Milford. 

Derby. 

..Bridgeport Stratford. 

Stamford, subport of entry. Greenwich. 

Norwalk, subport of entry. 



NEW YORK. 

Sag Harbor 

City of New York. 



Champlain . 



Oswegatchie 

Cape Vincent... 

Oswego 

Port of delivery. 



. Sag Harbor Greenport. 

.New York New Windsor, 

Jersey City Newburg. 

Poughkeepsie. 

Esopus. 

Kinderhook. 

Albany. 

Hudson. 

Troy. 

Rhinebeck L'd'g. 

Coldspring. 

Port Jefferson. 

Patchogue. 

.Plattsburg Whitehall. 

Malone, subport of entry. Fort Covington. 

Rouses Point, subport of entry. 

. Ogdensburg 

.Cape Vincent 

. Oswego Utica. 

Syracuse. 



THE AMERICAN GOVERNMENT. 



329 



LIST OF CUSTOMS DISTRICTS AND PORTS OF ENTRY AND DELIVERY — Continued. 

Districts. Ports of Entry. Ports of Delivery. 

Genesee River Genesee (Rochester) 

Niagara Niagara Falls 

Buffalo Creek Buffalo 

Dunkirk Dunkirk Barcelona. 

Silvercreek. 

Cattaraugus Creek 

NEW^ JERSEY. 

Newark Newark Elizabeth. 

Perth Amboy Perth Amboy New Brunswick. 

Middletown Point, 

Little Egg Harbor Tuckerton 

Great Egg Harbor Somers Point 

Bridgeton Bridgeton Salem. 

Port Elizabeth. 
Burlington Burlington Trenton. 

PENNSYLVANIA. 

Philadelphia Philadelphia Camden, N. J. 

Chester, subport of entry. 

Erie Erie Titusville. 

Pittsburg Pittsburg 



DELAWARE. 

Delaware Wilmington 

Lewes, subport of entry. 
Seaford, subport of entry. 

MARYLAND. 

Eastern Crisfield 

Baltimore Baltimore 



Annapolis Annapolis 



.Newcastle. 
Port Penn. 
Delaware City. 

.Salisbury. 
. Cambridge. 

Easton. 

Havre de Grace. 
.Benedict. 
Lower Marlboro. 
Towncreek. 
Cedar Point. 
Nottingham. 

St. -Marys. 



DISTRICT OF COLUMBIA. 

Georgetown Washington 



330 THE AMERICAN GOVERNMENT. 

LIST OF CUSTOMS DISTRICTS AND PORTS OF ENTRY AND DELIVERY — Continued. 

Districts. Ports of Entry. Ports of Delivery. 

VIRGINIA. 

Cherrystone Cape Charles City (Eastville) Snow Hill. 

Folly Landing. 

Alexandria Alexandria Potomac. 

Tappahannock Tappahannock Port Royal. 

Fredericksburg. 

Yeocomico. 

Newport News Newport News Yorktown. 

Norfolk and Ports- Norfolk and Portsmouth Sufifolk. 

Smithfield. 

Petersburg Petersburg to City Point 

Richmond Richmond 

Westpoint, subport of entry. 

NORTH CAROLINA. 

Albemarle Elizabeth City 

Monteo, subport of entry. 

Pamlico Newbern Durham. 

Beaufort Beaufort 

Wilmington Wilmington 

SOUTH CAROLINA. 

Georgetown Georgetown 

Charleston Charleston 

Beaufort Beaufort 



GEORGIA. 

Savannah Savannah Augusta. 

Brunswick Brunswick Frederica. 

Darien. 
St. Marys St. Marys Atlanta. 

FLORIDA. 

Fernandina Fernandina 

St. Johns Jacksonville 

St. Augustine St. Augustine 

Key West Key West 

Punta Gorda, subport of entry. 

Palm Beach, subport of entry. 

Miami, subport of entry. 

Tampa Tampa 

St. Marks Cedar Keys St. Marks. 



THE AMERICAN GOVERNMENT. 331 

LIST OF CUSTOMS DISTRICTS AND PORTS OF ENTRY AND DELIVERY — Continued. 

Districts. Ports of Entry. Ports of Delivery. 

Port Inglis, subport of entry. Magnolia. 

Ocala. 

Apalachicola Apalachicola 

Carrabelle, subport of entry and 
delivery. 
Pensacola Pensacola 

ALABAMA. 

Mobile Mobile Montgomery. 

MISSISSIPPI. 

Pearl River Gulfport Scranton. 

Horn Island. 

Ship Island. 

Natchez Natchez Grand Gulf. 

Vicksburg . . .| Vicksburg 

LOUISIANA. 

New Orleans New Orleans Wheeling, W. Va. 

Council Bluffs, la. 

Cincinnati, Ohio. 

Louisville, Ky. 

St. Louis, Mo. 

Sioux City, Iowa. 

Memphis, Tenn. 

Evansville, Ind. 

Burlington, Iowa. 

Dubuque, Iowa. 
Leavenworth, Kans. 

Omaha, Nebr. 

Kansas City, Mo. 

St. Joseph, Mo. 

Shreveport, La. 

La Crosse, Wis. 

Chattanooga, Tenn. 
' Dayton, Ohio. 

Portsmouth, Ohio. 

Paducah, Ky. 

Lincoln, Nebr. 

Knoxville, Tenn. 

Teche Brashear (Morgan City) 

Calcasieu Pass, subport of entry. 



332 THE AMERICAN GOVERNMENT. 

LIST OF CUSTOMS DISTRICTS AND PORTS OF ENTRY AND DELIVERY — Continued. 

Districts. Ports of Entry. Ports of Delivery^ 

TEXAS. 

Galvestoa .Galveston Houston. 

Velasco, subport of entry. 
Texas City, subport of entry. 

Saluria Eagle Pass San Antonio. 

Matagorda. 

Copano. 

Lavaca. 

Sabine Port Arthur 

Sabine Pass, subport of entry and 
delivery. 

Corpus Christi .Corpus Christi 

Laredo, subport of entry. 

Aransas (Rockport), subport of 
entry. 

Brazos de Santiago .Brownsville 

Paso del Norte El Paso 

California. 

San Diego San Diego 

Los Angeles JLos Angeles 

Santa Barbara, subport of entry. 
San Francisco San Francisco Vallejo. 

Oakland, subport of entry. San Luis Obispo-. 

Humboldt Eureka Crescent City. 

OREGON AND W^ASHING- 
TON. ■ 

Southern district of Coos Bay (Empire City) EUensburg. 

Oregon. Port Orford. 

Gardiner. 

Yaquina Yaquina Newport. 

Oregon Astoria 

Willamette Portland 

Puget Sound Port Townsend 

Aberdeen, subport of entry. 

Anacortes, subport of entry. 

Bellingham, subport of entry. 

Blaine, subport of entry. 



THE AMERICAN GOVERNMENT. 333 

LIST OF CUSTOMS DISTRICTS AND PORTS OF ENTRY AND DELIVERY — Continued. 

Districts. Ports of Entry. Ports of Delivery. 

Everett, subport of entry. 
Friday Harbor, subport of entry. 
Grays Harbor, subport of entry. 
Danville, subport of entry. 
Northport, subport of entry. 
Port Angeles, subport of entry. 
Roche Harbor, subport of entry. 
Seattle, subport of entry. 
Spokane, subport of entry. 
Sumas, subport of entry. 
Tacoma, subport of entry. 
South Bend, subport of entry. 

ALASKA. 

Alaska Juneau 

Eagle, subport of entry. 
Ketchikan, subport of entry. 
Kodiak, subport of entry. 
Sitka, subport of entry. 
St. Michael, subport of entry. 
Skagway, subport of entry. 
Unalaska, subport of entry. 
Wrangel, subport of entry. 
Nome, subport of entry. 
Valdez, subport of entry, 

MONTANA AND IDAHO. 

Montana and Idaho .Great Falls Bonners Ferry. 

MINNESOTA. 

Minnesota St. Paul 

Minneapolis, subport of entry. 
Duluth Duluth 



WISCONSIN. 

Milwaukee Milwaukee Kenosha. 

Racine. 
Sheboygan. 
Green Bay. 
Depere. 



334 THE AMERICAN GOVERNMENT. 

LIST OF CUSTOMS DISTRICTS AND PORTS OF ENTRY AND DEUVERY — Continued. 

Districts. Ports of Entry. Ports of Delivery. 

MICHIGAN. 

Michigan Grand Haven Cheboygan. 

Manistee. 
Ludington. 

Huron Port Huron Saginaw. 

Detroit Detroit 

Superior Marquette Sault Ste. Marie. 

Superior, subport of entry. Mackinaw. 

Ashland, subport of entry. 

Gladstone, subport of entry. 
Port of delivery Grand Rapids. 

INDIANA AND ILLINOIS. 

Chicago Chicago Waukegan. 

Michigan City. 
Coal City, 111. 
Cairo, 111. 
Rock Island. 
Peoria. 
Galena. 



. Indianapolis. 



OHIO. 

Miami Toledo 

Sandusky Sandusky 

Cuyahogg, Cleveland Fairoort. 

Conneant, subport of entry. 
Port of delivery Columbus. 

COLORADO. 

Ports of delivery , Denver. 

Pueblo. 



Durango. 
Leadville. 



ARIZONA, 



Arizona Nogales 

Douglas, subport of entry. 
Naco, subport of entry. 



THE AMERICAN GOVERNMENT. 335 

LIST OF CUSTOMS DISTRICTS AND PORTS OF ENTRY AND DELIVERY — Continued. 

Districts. Ports of Entry. Ports of Delivery. 

NORTH AND SOUTH 
DAKOTA. 

North and South Da-Pembina, N. Dak Sioux Falls, S. D. 

kota. Portal, N. Dak., suport of entry. 

TENNESSEE. 

Port of delivery ^Nashville, Tenn. 

IOWA. 

Port of delivery Des Moines, Iowa. 

UTAH. 

Port of delivery Salt Lake City. 

HAWAIIAN ISLANDS. 

Hawaii Honolulu 

Hilo, port of entry and delivery. 

Kahului, port of entry and de- 
livery. 

Koloa, port of entry and delivery. 
Mahukona, port of entry and de- 
livery. 
Porto Rico San Juan 

Aguadilla, .subport of entry. 

Arecibo, subport of entry. 

Arrovo, subport of entry. 

Fajardo, subport of entry. 

Humacao, subport of entry. 

Mayaguez, subport of entry. 

Ponce, subport of entry. 

Guanica, subport of entry. 

Ports at which merchandise may he entered for transportation to other ports 
without appraisement under the act of June 10, 1880. 

Astoria, Oreg. Buffalo, N. Y. Port Huron, Mich. 

Baltimore, Md. Brunswick, Ga. Portal, N. Dak, 

Bangor, Me. Island Pond, Vt. Portland, Me. 

Bath, Me. Key West, Fla. Portland, Oreg. 

Beecher Falls, Vt. Laredo, Tex. Port Townsend, Wash, 

Boston, Mass. Los Angeles, Cal. Richford, Vt. 

Burlington, Vt. Malone, N. Y. Rochester, N, Y. 



336 



THE AMERICAN GOVERNMENT. 



Calais, Me. 
Charleston, S. C. 
Chicago, 111. 
Cleveland, Ohio. 
Detroit, Mich. 
Duluth, Minn. 
Eagle Pass, Tex. 
Eastport, Me. 
El Paso, Tex. 
Everett, Wash. 
Fernandina, Fla. 
Galveston, Tex. 
Gladstone, Mich. 
Honolulu, Hawaii. 



Marquette, Mich. 
Miami, Fla. 
Milwaukee, Wis. 
Mobile, Ala. 
New Orleans, La. 
Newport, Vt. 
Newport News, Va. 
New York, N. Y. 
Niagara Falls, N. Y. 
Nogales, Ariz. 
Norfolk, Va. 
Ogdensburg, N. Y. 
Pensacola, Fla. 
Philadelphia, Pa. 



Rouses Point, N. Y. 
St. Albans, Vt. 
San Diego, Cal. 
San Francisco, Cal. 
Sault Ste. Marie, Mich. 
Savannah, Ga. 
Seattle, Wash. 
Sioux City, Iowa. 
Tacoma, Wash. 
Tampa, Fla. 
Texas City, Tex. 
Toledo, Ohio. 
Vanceboro, Me. 
Wilmington, N. C. 



Ports to zvhich merchandise may be transported without appraisement under 
the act of June lo, 1880. 



Albany, N. Y. 
Astoria, Oreg. 
Atlanta, Ga. 
Baltimore, Md. 
Bangor, Me. 
Bath, Me. 
Boston, Mass, 
Bridgeport, Conn. 
Buffalo, N. Y. 
Burlington, Vt. 
Calais, Me. 
Charleston, S. C. 
Chicago, 111. 
Cincinnati, Ohio. 
Cleveland, Ohio. 
Coal City, 111. 
Columbus, Ohio. 
'Council Bluffs, Iowa. 
T)ayton, Ohio. 
Denver, Colo. 
Des Moines, Iowa. 
Detroit, Mich. 
Dubuque, Iowa. 
Duluth, Minn. 
Dunkirk, N. Y. 
Durango, Colo. 



Hartford, Conn. 
Honolulu, Hawaii. 
Indianapolis, Ind. 
Jacksonville, Fla. 
Kansas City, Mo. 
Key West, Fla. 
Knoxville, Tenn. 
Laredo, Tex. 
Leadville, Colo. 
Lincoln, Nebr. 
Los Angeles, Cal. 
Louisville, Ky. 
Marquette, Mich. 
Memphis, Tenn. 
Middletown, Conn. 
Milwaukee, Wis. 
Minneapolis, Minn. 
Mobile, Ala. 
Nashville, Tenn. 
'Newark, N. J. 
New Bedford, Mass. 
New Haven, Conn. 
New Orleans, La. 
Newport, R. I. 
Newport News, Va. 
New York, N. Y. 



Portsmouth, N. H. 
Port Townsend, Wash. 
Providence, R. I. 
Pueblo, Colo. 
Richmond, Va. 
Rochester, N. Y. 
St. Augustine, Fla. 
St. Joseph, Mo. 
St. Louis, Mo. 
St. Paul, Minn. 
Saginaw, Mich. 
Salt Lake City, Utah. 
San Antonio, Tex. 
San Diego, Cal. 
Sandusky, Ohio. 
San Francisco, Cal. 
Sault Ste. Marie, Mich. 
Savannah, Ga. 
Seattle, WaSh. 
Sioux City, Iowa. 
South Manchester, Conn. 
Springfield, Mass. 
Syracuse, N. Y. 
Tacoma, Wash. 
Tampa, Fla. 
Titusville, Pa. 



THE AMERICAN GOVERNMENT. 



337 



Durham, N. C. 
Eagle Pass, Tex. 
Eastport, Me. 
El Paso, Tex. 
Enfield, Conn. 
Erie, Pa. 
Evansville, Ind. 
Everett, Wash. 
Fall River, Mass. 
Galveston, Tex. 
Gladstone, Mich. 
Gloucester, Mass. 
Grand Haven, Mich. 
Grand Rapids, Mich. 
Greenbay, Wis. 



Niagara Falls, N. Y. 
Nogales, Ariz. 
Norfolk, Va. 
Oakland, Cal. 
Ocala, Fla. 
.Ogdensburg, N. Y. 
Omaha, Nebr. 
Peoria, 111. 
Petersburg, Va. 
Philadelphia, Pa. 
Pittsburg, Pa. 
Houston, Tex. 
Port Huron, Mich. 
Portland, Me. 
Portland, Oreg. 



Toledo, Ohio. 
Utica, N. Y, 
Vanceboro, Me. 
Vernon (Rockville), 

Conn. 
Washington, D. C. 
Wilmington, Del. 
Wilmington, N. C. 
Worcester, Mass. 
3pokane, Wash. 
Bellingham, Wash. 
Sabine Pass, Tex. 
Superior, Wis. 



List of ports at which bonded warehouses are established. 



Apalachicola, Fla. 
Atlanta, Ga. 
Baltimore, Md. 
Bangor, Me. 
Bath, Me. 
Belfast, Me. 
Bonners Ferry, Mont. 
Boothbay, Me. 
Boston, Mass. 
Bridgeport, Conn. 
Brownsville, Tex. 
Buffalo, N. Y. 
Burlington, Vt. 
Cape Vincent, N. Y. 
Castine, Me. 
Chattanooga, Tenn. 
Chicago, 111. 
Cincinnati, Ohio. 
Denver, Colo. 
Detroit, Mich. 
Duluth, Minn. 
Durham, N. C. 
Eagle Pass, Tex. 
Eastport, Me. 
El Paso, Tex. 
Erie, Pa, 



Gloucester, Mass. 
Grand Rapids, Mich. 
Great Falls, Mont. 
Green Bay, Wis. 
Hartford, Conn. 
Honolulu, Hawaii. 
Indianapolis, Ind. 
Kansas City, Mo. 
Key West, Fla. 
Laredo, Tex. 
Lincoln, Nebr. 
Los Angeles, Cal. 
Louisville, Ky. 
Minneapolis, Minn. 
New Haven, Conn. 
New London, Conn. 
New Orleans, La. 
Newport News, Va. 
Newark, N. J. 
New York, N. Y. 
. Niagara Falls, N. Y. 
Nogales, Ariz. 
Ogdensburg, N. Y. 
Omaha, Nebr. 
Oswego, N. Y. 
Pensacola, Fla. 



Plattsburg, N. Y. 
Port Huron, Mich. 
Portland, Me. 
Portland, Oreg. 
Portsmouth, N. H. 
Port Townsend, Wash. 
Providence, R. I. 
Provincetown, Mass. 
Richmond, Va. 
Rochester, N. Y. 
St. Joseph, Mo. 
St. Louis, Mo. 
St. Michael, Alaska. 
St. Paul, Minn. 
Saginaw, Mich. 
Salem, Mass. 
San Diego, Cal. 
San Francisco, Cal. 
San Juan, P. R. 
Savannah, Ga. 
Seattle, Wash. 
Sioux City, Iowa. 
Skagway, Alaska. 
Spokane, Wash. 
Syracuse, N. Y. 
Tacoma, Wash. 



338 THE AMERICAN GOVERNMENT. 

Evansville, Ind. Perth Amboy, N. J. Tampa, Fla. 

Everett, Wash. Petersburg, Va. Toledo, Ohio. 

Fall River, Mass. Philadelphia, Pa. Utica, N. Y. 

Galveston, Tex. Pittsburg, Pa. i 

List of ports where the custom-house premises are used for the storage of 

imported goods in bond. 

Albany, N. Y. Humacao, P. R. Ponce, P. R. 

Aguadilla, P. R. Jacksonville, Fla. Providence, R. I. 

Arecibo, P. R. Marquette, Mich. Sandusky, Ohio. 

Arroyo, P. R. Mayaguez, P. R. San Juan, P. R. 

Bangor, Me. Memphis, Tenn. Springfield, Mass. 

Charleston, S. C. Milwaukee, Wis. Washington, D. C. 

Cleveland, Ohio. Nashville, Tenn. (Georgetown). 

Columbus, Ohio. Norfolk, Va. Wilmington, Del. 

Fajardo, P. R. Peoria, 111. St. Augustine, Fla. 

REGULATION FOR THE ENTRY OF PERSONAL EFFECTS INTO THE UNITED STATES. 

The customs laws and the regulations made in pursuance thereof require 
examination of the baggage and effects of passengers upon arrival in the 
United States from foreign countries. 

Entries prepared and signed by passengers are required. The forms pro- 
vided for that purpose entitle^d "Baggage Declaration and Entry," for resi- 
dents and NON-RESIDENTS, will be distributed to passengers during the early 
part of the voyage by an ofiEicer of the ship designated for that purpose. 
When a passenger has declared and signed his declaration and entry, he 
should detach and retain the coupon at the bottom of the form and return 
the latter to the officer of the ship. Declarations spoiled in the preparation 
should not be destroyed by the passenger, but should be turned over to the 
purser, who will write, or stamp, thereon the word "canceled," and furnish a 
new blank declaration to the passenger. After the ship has docked and the 
baggage and efifects of the passenger are landed, he should present the coupon 
which he has retained to the chief customs officer on the dock, who will 
detail an inspector to make the examination. 

For the purposes of customs administration, passengers are divided into 
two classes, viz. : 

1. NoN-RESiDENTS of the United States. 

2. Residents of the United States. 

The division of passengers into non-residents and residents in nowise 
affects citizenship. 

Non-residents are : 

(o) Actual residents of other countries. 

(&) Persons who have been abroad with a fixed foreign abode for one year 
or more, who elect to declare as non-residents. 



THE AMERICAN GOVERNMENT. 339 

(c) Persons who have been abroad for two years with or without a fixed 
place of foreign abode, who elect to declare as non-residents. 

Persons of class {c) may erase the second and third lines within the brack- 
ets on the "Baggage Declaration and Entry" for non-residents. 

Residents are such persons as are not included in the definition of non- 
residents. 

There is no limitation as to the value of articles free of duty brought in 
by persons declaring as non-residents, provided such articles are in the nature 
of wearing apparel, articles of personal adornment, toilet articles, and sim- 
ilar personal effects actually accompanying the passenger and necessary and 
appropriate for his or her wear and use for the purposes of the journey and 
present comfort and convenience, and are not intended for other persons 
nor for sale. 

Persons declaring as residents are entitled to bring with them free of duty 
all wearing apparel and other personal effects taken by them out of the 
United States which have not been remodeled or improved abroad so as to 
increase their value, and articles obtained abroad by purchase or otherwise 
of a value not exceeding $100, provided they are not for sale; but in the 
case of a minor, the exemption of $100 worth of articles obtained abroad 
is restricted to such articles as are intended for the bona fide personal use 
of such minor „ 

Each passenger is entitled to bring in free of duty and internal-revenue 
tax so cigars or 300 cigarettes for his or her bona fide personal consumption. 
Cigars and cigarettes in excess of these quantities are chargeable with in- 
ternal-revenue tax and duties or fines, as the case may be. 

Persons declaring as residents should use the form of baggage declaration 
and entry for residents of the United States. Non-residents should use the 
form of baggage declaration and entry for non-residents of the United States. 

Residents should carefully state in their entries under the captions "De- 
scription of Articles" and "Foreign Cost or Value" the articles obtained 
abroad, with the cost price of each article if purchased, or the foreign mar- 
ket value of each article if obtained otherwise than by purchase. 

Non-residents should carefully state in their entries under the captions 
"Description of Articles" and "Foreign Cost or Value" articles not neces- 
sary and appropriate for the wear and use of such non-residents for the pur- 
poses of the journey and their present comfort and convenience, and articles 
intended for sale or for the use of any other person or persons, with the 
cost price of each article if purchased, or the foreign market value of each 
article if obtained otherwise than by purchase. 

The senior member of a family, if a passenger, may make entry for the 
entire family. 

Ladies traveling alone should state the fact in their declarations" and entries. 

The exact number of pieces of baggage accompanying the passenger should 
be stated in the entry. 



340 THE AMERICAN GOVERNMENT. 

Whenever practicable passengers should present the original receipted bills 
of foreign purchases. 

Passengers dissatisfied with values placed upon dutiable articles by the 
customs officers on the docks may demand a re-examination, but application 
therefor should be immediately made to the officers there in charge. If for 
any reason this course is impracticable, the packages containing the articles 
should be left in customs custody and application for reappraisement made 
to the collector of customs, in writing within two days after the original 
appraisement. No request for reappraisement can be entertained after the 
articles have been removed from customs custody. 

Duties will be assessed on used articles of foreign origin at the foreign 
market values on the date of the owner's departure for the United States, 
with due allowance for wear or depreciation. 

Upon application to the customs officer in charge on the dock, baggage in- 
tended for delivery at ports in the United States other than the port of 
arrival, or in transit through the United States to a foreign country, may 
be forwarded thereto without the assessment of duty at the port of arrival, 
"by ' the various railroads and express companies, whose representatives will 
be found on the pier. Passengers desiring to have their baggage forwarded 
in bond should so indicate in their declarations and entries. 

Government officers are forbidden by law to accept anything but currency 
in payment of duties, but, if requested, will retain baggage on the piers for 
twenty-four hours to enable, the owner to secure the currency. 

Passengers are advised that to offer gratuities or bribes to customs offi- 
cers is a violation of law which will be prosecuted, and that customs officers 
who accept gratuities or bribes will be dismissed from the service. 

Any discourtesy or incivility on the part of customs officers should be re- 
ported to the collector at the custom-house, the deputy collector at the pier, 
or to the Secretary of the Treasury. 

The act approved December 29, 1897, expressly forbids the importation 
into the United States of garments made in whole or in part of the skins 
of seals taken in the waters of the North Pacific Ocean, and unless the 
owner is able to establish by competent evidence and to the satisfaction of 
the collector that the garments are not prohibited they cannot be entered. 

Household effects of persons or families from foreign countries will be 
admitted free of duty if actually used abroad by them not less than one year, 
and not intended for any other person nor for sale. 



In order to secure prompt identification and thereby facilitate the passage 
through the customs upon return of valuable personal and household effects, 
including sealskin garments, taken abroad by persons leaving the United 
States, the articles may be registered with the collector at the port of de- 
parture or the port at which the journey commences. 



THE AMERICAN GOVERNMENT. 

COLLECTORS OF CUSTOMS. 
(term of OFFICE, FOUR YEARS.) 

Penalty of 
Port. Bond. Compensation per annum. 

Alabama. 

MobUe $10,000 Salary, $250. 

3 per cent, commission. Fees. 
Max., $3,000. 
Storage. 
Alaska. 

Juneau 20,000 Salary, $2,500. 

3 per cent, commission. Fees. 
Storage. 
Max, $4,000, 
Arisona. 

Nogales ; 30,000 Salary, $2,000. 

California. [ 

Eureka 2,000 Salary, $2,500. 

3 per cent, commission. Fees, 

Max., $3,000. 

Storage. 

Los Angeles 100,000 Salary, $2,500. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

San Diego 20,000 Salary, $2,500. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

San Francisco $100,000 Salary, $7,000. 

Connecticut. 

Fairfield 30,000 Salary, $250. 

(Bridgeport, residence 3 per cent, commission. Fees, 

of collector.) Max., $3,000. 

Storage. 



341 



342 



THE AMERICAN GOVERNMENT. 



Port. 



Hartford 



Penalty of 
Bond. 
25,000 



New Haven. 



New Lxsndon, 



Stonington 



Delaware. 
Wilmington 



Compensation per annum. 
No Salary. 
3 per cent, commission. Fees. 
Max., $3,000. 
Storage. 

30,000 No Salary. . 

2 per cent, commission. Fees. 
Max., $3,000. 

Storage. 

3,000 No Salary. 

2^ per cent, commission. Fees. 

Max., $3,000. 

Storage. 

2,000 Salary, $150. 

3 per cent, commission. 
Max., $3,000. 
Storage. 

$5,000 Salary, $500. 

3 per cent, commission. 
Max., $3,000. 
Storage. 



Fees. 



Fees. 



Dist. of Col. 
Washington 



Fees. 



Florida. 
Apalachicola . . . 

Cedar Keys 

Fernandina 



20,000 Salary, $500. 

3 per cent, commission. 
Max., $3,000. 
Storage. 

2,000 Salary, $500. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

2,000 Salary, $500. 

3 per cent, commission. Fees. 
Storage. 

2,000 Salary, $500. 

3 per cent, commission. Fees. 
Max., $3,000. 
^' \ Storage. 



THE AMERICAN GOVERNMENT. 



343 



Port. 
Jacksonville 

Key West 

Pensacola 

Saint Augustine 
Tampa 



Georgia. 
Brunswick , 

Saint Mary's . . . , 
Savannah 



Penalty of 
Bond. 
10,000 



Hawaii. 



Honolulu 



Compensation per annum. 
Salary, $500. 
3 per cent, commission. Fees. 
Max., $3,000. 
Storage. 

$50,000 Salary, $500. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

20,000 Salary, $1,000. 

3 per cent, commission. F»»e3. 

Max., $3,000. 

Storage. 

5,000 Salary, $500. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

100,000 Salary, $2,000. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

2,000 Salary, $500. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

5,000 Salary, $500. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

$30,000 No salary. 

I per cent, commission. Fees. 

Storage. 

Max., $6,000. 

50,000 Salary, $4,000. 
Storage. 



344 THE AMERICAN 

Penalty of 

Port. Bond. 
Illinois. 

Chicago 250,000 

Louisiana. 

Brashear S,ooo 

(Post Office, Morgan 
City.) 

New Orleans 250,000 

Maine. 

Bangor 20,000 

Bath $S,ooo 

Belfast 2,000 

Castine 2,000 

Eastport 20,000 

Ellsworth 10,000 



GOVERNMENT. 

Compensation per annum.. 
Salary, $7,000. 



Salary, $1,000. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

Salary, $7,000. 



No salary. 

3 per cent, commission. 
Max., $3,000. 
Storage. > 



Fees. 



No salary. 

2 per cent, commission. Fees. 
Max., $3,000. 

Storage. 

No salary. 

3 per cent, commission. Fees. 
Max., $3,000. 

Storage. 

Salary, $150. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

Salary, $500. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

Salary, $150. 

3 per cent, commission. Fees 

Max., $3,000. 

Storage. 



THE AMERICAN GOVERNMENT. 



345 



Port. 



Penalty of 
Bond. 



Houlton 



Kennebunk 



Machias 



Portland 



(Saco, residence of 
collector.) 



Waldoborough 



Wiscasset 



York 



Maryland. 
Annapolis 



Compensation per annum. 
10,000 Salary, $ 1,000. 

3 per cent commission. Fees. 

Storage. 

Max., $1,500. 

$2,000 No salary. 

2^2 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

2,000 Salary, $250. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

50,000 Salary, $6,000. 

2,000 Salary, $250. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

10,000 Salary, $250. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

2,000 Salary, $200. 

2 per cent commission. Fees. 
Max., $3,000. 

Storage. 

$2,000 Salary, $250. 

3 per cent, commission. Fee.s. 
Max., $3,000. 

Storage. 

2,000 Salary, $250. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 



346 



THE AMERICAN GOVERNMENT. 



Port. 
Baltimore 

Crisfield 

Massachusetts. 
Barnstable 

Boston 

Edgartown 

Fall River 

Gloucester 

Marblehead 

Nantucket 

New Bedford 



Penalty of 
Bond. 



Compensation per annum. 
200,000 Salary, $7,000. 

2,000 Salary, $1,200. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

2,000 No salary. 

3 per cent, commission. Fees. 
Max., $3,000. 
Storage. * 

100,000 Salary, $8,000. 

$2,000 Salary, $250. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

10,000 Salary, $150. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

10,000 Salary, $250 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

10,000 No salary. 

2^ per cent, commission. Fees. 

Max., $3,000. 

Storage. 

5,000 Salary, $250. 

3 per cent, commission Fees. 

Max., $3,000. 

Storage. 

15,000 No salary. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 



THE AMERICAN GOVERNMENT. 



347 



Penalty of 
Port. Bond. Compensation per annum. 

Newburyport $2,000 No salary. 

3 per cent, commission. Fees. 
' Max., $3,000. 

Storage. 

Plymouth 5,000 Salary, $150. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

Salem 2,000 No salary. 

^ per cent, commission. Fees. 

Max., $3,000. 

Storage. 



Michigan. 



Detroit 



100,000 Salary, $1,000. 

3 per cent, commission. Fees. 

Max., $2,500. 

Storage. 



Grand Haven 



2,000 Salary. $1,000. 

3 per cent, commission. 
Max., $2,500. 
Storage. 



Fees. 



Marquette 



20,000 Salary, $1,000. 

3 per cent, commission. 
Max., $2,500. 
Storage. 



Fees. 



Port Huron 



Minnesota. 



Duluth 



$50,000 Salary, $1,000. 

3 per cent, commission. Fees. 

Max., $2,500. 

Storage. 

10,000 Salary, $1,000. 

3 per cent, commission. Fees. 

Max., $2,500. 

Storage. 



348 



THE AMERICAN GOVERNMENT. 



Port. 



Penalty of 
Bond. 



Saint Paul 



Subport Minneapolis . . 
(Deputy Collector.) 



Mississippi. 



Natchez 



Gulfport 



Vicksburgh 



Montana and 
Idaho. 



Great Falls 



New Hampshire. 
Portsmouth 



Compensation per annum. 
100,000 Salary, $i,ooo. 

3 per cent, commission. Fees. 

Max., $2,500. 

Storage. 

50,000 Salary, $2,400. 



2,000 Salary, $500. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

3,000 Salary, $250. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

Salary, $500. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 



Salary, $1,000. 

3 per cent, commission. Fees. 

Max., $2,500. 

Storage. 

No salary. 

i^ per cent commission. Fees. 

Max., $3,000. 

Storage. 



New Jersey. 
Bridgeton 



Salary, $250. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 



THE AMERICAN GOVERNMENT. 



349 



Port. 



Penalty of 
Bond. 



Burlington 



Compensation per annum. 
Salary, $150. 

3 per cent, commission. Fees. 
Max., $3,000. 
Storage. 



Camden. {See Pennsyl- 
vania.) (Assistant 
Collector.) 

Jersey City. {See New 
York.) (Assistant 
Collector.) 

Newark 



$30,000 Salary, $250. 

3 per cent, commission. 
Max., $3,000. 
Storage. 



Fees. 



Perth Amboy 



20,000 Salary, $250. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 



(Sommers Point, resi- 
dence of Collector.) 



2,000 Salary, $250. 

3 per cent, commission. 
Max., $3,000. 
Storage. 



Fees. 



Tuckerton 



New York. 



Buffalo 



Cape Vincent 



2,000 Salary, $250. 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 

75,000 Salary, $1,000. 

3 per cent, commission. Fees. 

Max., $2,500. 

Storage. 

10,000 Salary, $1,000. 
ij ! 3 per cent, commission. Fees. 
Max., $2,500. 
Storage. 



350 THE AMERICAN GOVERNMENT. 

Penalty of 
Port. Bond. Compensation per annum. 

Dunkirk 5,ooo Salary, $i,ooo. 

3 per cent, commission. Fees. 

Max., $2,500. 

Storage. 

Genesee River 25,000 Salary, $1,000. 

(Rochester, residence 3 per cent, commission. Fees, 

of Collector.) Max., $2,500. 

Storage. 

New York 300,000 Salary, $12,000. 

Jersey City, N. J No bond re- Salary, $2,000. 

(Assistant Collector.) quired 

Niagara Falls 50,000 Salary, $1,000. 

3 per cent, commission. Fees. 

Max., $2,500. 

Storage. 

Ogdensburgh 40,000 Salary, $1,000. 

3 per cent, commission. Fees. 

Max., $2,500. 

Storage. 

Oswego $25,000 Salary, $1,000. 

3 per cent, commission. Fees. 

Max., $2,500. 

Storage. 

Plattsburgh 25,000 Salary, $1,000. 

3 per cent, commission. Fees. 

Max., $2,500. 

Storage. 

Sag Harbor 2,000 Salary, $400 

3 per cent, commission. Fees. 

Max., $3,000. 

Storage. 



THE AMERICAN GOVERNMENT. 



351 



Port. 
North Carolina. 
Beaufort 

Elizabeth City 

Newberne 

Wilmington 



North and South 
Dakota. 
Pembina 



Penalty of 
Bond. 



Compensation per annum. 



2,000 Salary, $1,000. 

3 per cent, commission. Fees. 

Max., $2,500. 

Storage. 

2,000 Salary, $1,000. 

3 per cent, commission. Fees. 

Max., $2,500. 

Storage. 

2,000 Salary, $1,000. 

3 per cent, commission. Fees. 

Max., $2,500. 

Storage. 

$2,000 Salary, $1,000. 

2^ per cent commission. Fees. 

Max., $2,500. 

Storage. 



10,000 Salary, $1,200. 

3 per cent, commission. 
Max., $3,000. 
Storage. 



Fees. 



Ohio. 



Cleveland 



100,000 Salary, $1,000. 

3 per cent, commission. Fees. 

Max., $2,500. 

Storage. 



Sandusky 



Toledo 



20,000 



20,000 



Salary, $1,000. 

3 per cent commission. Fees. 

Max., $2,500. 

Storage. 

Salary, $1,000. 

3 per cent commission. Fees. 

Max., $2,500. 

Storage. 



352 THE AMERICAN 

Penalty of 
Port. Bond. 

Oregon, 
Astoria S,ooo 

Coos Bay $2,000 

(Post Office, Empire 
City.) 

Portland 7S,ooo 

Yaquina 2,000 

Pennsylvania. 
Erie 15,000 

Philadelphia 275,000 

Camden, N. J 

(Assistant col- No bond re- 

lector.) quired. 

Porto Rico. 
San Juan $25,000 

Rhode Island. 
Bristol and War- 
ren 2,000 

(Bristol, residence of 
collector.) 

Newport 10,000 



GOVERNMENT. 



Compensation per annum. 



Salary, $3,000. 

Salary, $1,000. 

3 per cent commission. Fees. 

Max., $2,500. 

Storage. 

Salary, $1,000. 

3 per cent commission. Fees. 

Max., $3,000. 

Storage. 

Salary, $1,000. 

3 per cent commission. Fees. 

Max., $2,500. 

Storage. 

Salary, $i,O0O. 

3 per cent commission. Fees. 

Max., $2,500. 

Storage. 

Salary, $8,000. 

Salary, $1,500. 



Salary, $5,000. 



No salary. 

2 per cent commission. Fees. 

Max., $3,000. 

Storage. 

No salary. 

2]4 per cent commission. Fees. 

Max., $3,000. 

Storage. 



THE AMERICAN GOVERNMENT. 



353 



Penalty of 
Port. Bond. Compensation per annum. 

Providence 50,000 No salary. 

1% per cent commission. Fees. 

Max., $3,000. 

Storage. 
South Carolina. 
Beaufort 2,000 Salary, $1,000. 

3 per cent commission. Fees. 

Max., $3,000. 

Storage. 

Charleston 20,000 No salary. 

^ per cent commission. Fees. 

Max., $6,000. 

Storage. 

Georgetown $5,ooo Salary, $250. 

3 per cent commission. Fees. 
Max., $3,000. 
Storage. 
Texas. 

Brownsville 2,000 Salary, $1,500. 

3 per cent commission. Fees. 

Max., $2,500. 

Storage. 

Corpus Christi 20,000 Salary, $1,500. 

3 per cent commission. Fees. 

Max., $2,500. 

Storage. 

Eagle Pass iS.ooo Salary, $1,500. 

3 per cent commission. Fees. 

Max., $2,500. 

Storage. 

El Paso 40,000 Salary, $2,000. 

Storage. 

Galveston 50,000 Salary, $1,500. 

3 per cent commission. Fees. 

Max., $2,500. 

Storage. 



354 



THE AMERICAN GOVERNMENT. 



Port. 
Port Arthur 



Vermont. 
Burlington 



Newport 



Virginia. 
Alexandria 

Cape Charles City. 
Newport News 



Norfolk and Portsmouth. 
(Norfolk, residence of 
collector.) 



Penalty of 

Bond. Compensation per annum. 

20,000 Salary, $1,000. 

3 per cent commission Fees. 
Max., $3,000. 

$100,000 Salary, $2,000. 

3 per cent commission. Fees. 

Max., $2,500. 

Storage. 

50,000 Salary, $2,000. 

3 per cent commission. Fees. 

Max., $3,000. 

Storage. 

2,000 No salary. 

2 per cent commission. Fees. 

Max., $3,000. 

Storage. 



Petersburgh 



Richmond 



2,000 Salary, $500. 

3 per cent commission. 
Max., $3,000. 
Storage. 

100,000 Salary, $200. 

3 per cent commission. 
Max., $3,000. 
Storage. 

10,000 No salary. 

1% per cent commission. 

Max., $3,000. 

Storage. 

$25,000 No salary. 

iM P^i" c^T^^ commission. 

Max., $3,000. 

Storage. 

20,000 No salary. 

i^ per cent commission. 

Max., $3,000. 

Storage. 



Fees. 



Fees. 



Fees. 



Fees. 



Fees. 



THE AMERICAN GOVERNMENT. 

Penalty of 
Port. Bond. Compensation per annum. 

Tappahannock 2,000 Salary, $250. 

3 per cent commission. Fees. 
Max., $3,000. 
Storage. 
IVashington. 

Port Townsend 100,000 Salary, $3,500. 

Storage. 

Wisconsin. 

Milwaukee 7S,ooo Salary, $1,000. 

3 per cent commission. Fees. 

Max., $2,500. 

Storage. 

NAVAL OFFICERS OF CUSTOMS — TERM OF OFFICE, FOUR YEARS. 

California. 
San Francisco $20,000 Salary, $5,000. 

Illinois 
Chicago 10,000 Salary, $5,000. 

Louisiana. 
New Orleans 10,000 Salary, $5,000. 

Maryland. 

Baltimore 10,000 Salary, $5,000. 

Massachusetts. 

Boston 10,000 Salary, $5,000. 

New York. 

New York 10,000 Salary, $8,000. 

Pennsylvania. 
Philadelphia 10,000 Salary, $5,000. 



355 



356 THE AMERICAN GOVERNMENT. 

SURVEYORS OF CUSTOMS — TERM OF OFFICE, FOUR YEARS. 

Penalty of 
Port. Bond. Compensation per annum 

California. 

San Francisco $20,000 Salary, $5,000. 

Colorado. 

Denver 30,000 Salary, $1,000. 

3 per cent commission. Fees. 
Storage. . 
Max., $5,000. 
Georgia. 

Atlanta S.ooo Salary, $1,000. 

3 per cent commission. Fees. 
Storage. 
Max., $5,000. 
Illinois. 

Cairo 2,000 Salary, $350. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 

Galena 2,000 Salary, $350. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 

Peoria 5,ooo Salary, $350. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 

Rock Island $2,000 Salary, $350. 

3 per cent commission. Fees. 
Storage. 
Max., $5,000. 
Indiana. 

Evansville 10,000 Salary, $350. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 



THE AMERICAN GOVERNMENT. 



357 



Penalty of 
Port. Bond. Compensation per annum. 

Indianapolis 30,000 Salary, $1,000. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 

Michigan City 1,000 Salary, $350. 

Iowa. 

Burlington 2,000 Salary. $350. 

3 per cent commission. Fees. 

Storage. 

Alax., $5,000. 

Council Bluflfs 5,ooo Salary, $250. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 

Des Moines $10,000 Salary, $250. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 

Dubuque 10,000 Salary, $350. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 

Sioux City 3,ooo Salary, $350. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 
Kentucky. 
Louisville 50,000 Salary, $350. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 

Paducah 2,000 Salary, $350. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 



358 THE 

Port. 
Louisiana. 
New Orleans 

Maine. 
Portland 

Maryland. 
Baltimore 

Massachusetts. 
Boston 

Springfield 

Michigan. 
Grand Rapids 

Missouri. 
Saint Louis 

Saint Joseph 

Kansas City 

Nebraska. 
Lincoln 



AMERICAN GOVERNMENT. 



Penalty of 
Bond. 



Compensation per annum. 
5,000 Salary, $3,500. 

$1,000 Salary, $4,500. 

5,000 Salary, $4,500. 



5,000 Salary, $5,000. 

10,000 Salary, $1,000. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 

20,000 Salary, $1,200. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 

150,000 Salary, $350. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 

$20,000 Salary, $1,000. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 

40,000 Salary, $1,000. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 

2,000 Salary, $900. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 



THE AMERICAN GOVERNMENT. 



359 



Port. 
Omaha 

New York, 
Albany 

Greenport 

New York 

Patchogue 

Port Jefferson... 

Syracuse 

Ohio. 
Cincinnati 

Columbus 

Dayton 



Penalty of 
Bond. 
20,000 



Compensation per annum. 
Salary, $350. 

3 per cent commission. Fees. 
Storage. 
Max., $5,000. 

40,000 Salary, $600. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 

1,000 No salary. 
Fees. 
Max., $5,000. 

$5,000 Salary, $8,000. 

2,000 No salary. 
Fees. 
Max., $5,000. 

5,000 No salary. 
Fees. 
Max., $5,000. 

20,000 Salary, $1,000. 

3 per cent commission. 

Storage. 

Max., $5,000. 

100,000 Salary, $350. 

3 per cent commission. 

Storage. 

Max., $5,000. 

25,000 Salary, $1,000. 

3 per cent commission. 

Storage. 

Max., $5,000. 

$20,000 Salary, $600. 

3 per cent commission. 

Storage. 

Max., $5,000. 



Fees. 



Fees. 



Fees. 



Fees. 



36o 



THE AMERICAN GOVERNMENT. 



Port. 
Pennsylvania. 
Philadelphia 

Pittsburgh 

Tennessee. 
Chattanooga 

Knoxville 

Memphis 

Nashville , 

Texas. 
Houston 

Utah. 
Salt Lake City 

West Virginia. 
Wheeling 



Penalty of 
Bond. 



Compensation per annum. 
5,000 Salary, $5,000. 



75,000 Salary, $350. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 

2,000 Salary, $350. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 

2,000 Salary, $350. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 

15,000 Salary, $350. 

3 per cent commission. Fees, 

Storage. 

Max., $5,000. 

$5,000 Salary, $1,000. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 

2,000 Salary, $350. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 

10,000 Salary, $1,500. 



2,000 Salary, $350. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 



THE AMERICAN GOVERNMENT. 

Penalty of 
Po^'t- Bond. Compensation per annum. 

Wisconsin. 

La Crosse 2,000 Salary, $350. 

3 per cent commission. Fees. 

Storage. 

Max., $5,000. 

appraisers of merchandise. 

(term of office, unlimited.) 
Port. 

California. 

San Francisco $3,625 

Florida. 
Tampa 2,000 

Illinois. 
Chicago 4,500 

Louisiana. 
New Orleans 3,000 

Maryland. 
Baltimore 2 at 3,000 

Maifie. 
Portland $3,000 

Massachusetts. 
Boston 4,000 

Michigan. 
Detroit 3,000 

Missouri. 
Saint Louis 3,000 

Nexv York. 
BuflFalo 3,000 

New York 8,000 



361 



362 THE AMERICAN GOVERNMIINT. 

Port. 
Ohio. 
Cincinnati $3,ooo 

Cleveland 3,000 

Oregon. 
Portland 3,000 

, Pennsylvania. 
Philadelphia 4,000 

Pittsburg 3,000 



ASSISTANT APPRAISERS OF MERCHANDISE 
'> (term OF OFFICE^ UNLIMITED.) 

Port. 
California. 

San Francisco $2,500 

Loj'Asiana. 
New Orleans 2 at 2,500 

Maryland. 
Baltimore 2,500 

Massachusetts. 
Boston 3 at 2,500 

New York. 
New York..; 3 at 3,500 

New York 9 at 3,000 

Pennsylvania. 
Philadelphia 2 at 2,500 



THE AMERICAN GOVERNMENT. 303 

SPECIAL EXAMINERS OF DRUGS, MEDICINES AND CHEMICALS. 
(term of OFFICE, UNLIMITED.) 

Compensation. 
California. 
San Francisco $2,000 

Louisiana. 
New Orleans 1,000 

Massachusetts. 
Boston 2,500 

Pennsylvania. 
Philadelphia 1,800 

INTERNAL REVENUE SERVICE. 

The second largest source of the revenue of the United States 
is that w^hich is collected from the tax on distilled spirits, malt 
beverages, etc. For the purpose of the collection of this revenue 
the United States is divided into districts, a list of which is 
attached hereto. These may be changed from time to time by the 
President in his discretion, when the cost of collection of the 
revenue as compared with the amount received seems to be ex- 
cessive. In such an event the duties of the collector are con- 
solidated with those of the collector of another district so that 
when district numbers in any State do not run in numerical 
order the omissions represent districts which have been thus 
consolidated The President is empowered to appoint by and 
with the advice and consent of the Senate a collector of each 
district, the collector being required to reside in the district for 
which he is appointed. It would also seem to be fair construc- 
tion of the law that the appointee should have been a resident 
of the district. 

The collector is required to enter under a bond with not less 
than five sureties, as the Commissioner of the Internal Revenue 
may prescribe. The latter official is also appointed by the Presi- 



364 THE AMERICAN GOVERNMENT. 

dent by and with the advice and consent of the Senate, and re- 
ceives a salary of $6,000 per year. 

He has the general superintendence of all matters relating to 
the collection of internal revenue and prescribes regulations 
therefor. 

There are two deputy commissioners of internal revenue, to- 
gether with an organization in Washington, including the usual 
clerical force, chemists, persons in charge of the issuing and care 
of stamps, the preliminary auditing of accounts and general ad- 
ministrative and supervisory work. 

Besides the collectors of internal revenue the forces in the dif- 
ferent internal revenue districts consist of deputy internal reve- 
nue collectors, gangers who determinue the amount of liquors 
produced and which are subject to a tax, and storekeepers who 
are in charge of storehouses at or near distilleries where dis- 
tilled spirits are kept before being marketed. 

The collectors of internal revenue are required from time to 
time to send their deputies through every part of the district 
under their jurisdiction to inquire concerning persons who are 
liable to pay any internal revenue tax. It is, however, incum- 
bent upon such persons themselves to make returns to the col- 
lector of internal revenue of the amount of the property on which 
they ought, under the law, to pay such tax. But if it has been 
ascertained by the collector through his deputy that the person 
so liable has neglected to make the return required by law, or 
if a return is made which the collector believes to be fraudulent 
or false, the collector is empowered to summon such person be- 
fore him and conduct an examination as to the property which 
may be subject to the tax. If the person liable is not within the 
State within which the district lies, the collector may proceed 
to another district and there conduct the examination required 
by law. 

Summons to such examination are served by a deputy collec- 
tor. When not heeded a collector may apply to a court or a com- 
missioner for an attachment for contempt against the person 
summoned If the person concerned does not make a true re- 



THE AMERICAN GOVERNMENT. 365 

turn of his property, taxable, the collector may return the 
amount believed to be due to the commissioner of internal 
revenue, who is authorized to add 100 per cent, of the tax in 
case of attempted fraud, or 50 per cent, as a penalty for neglect or 
refusal to make the proper returns. 
On the starboard side a green light so constructed as to show an unbroken 

Internal revenue officers are authorized to enter any premises 
where taxable articles are kept for the purpose of valuing the 
same and assessing the proper tax. Penalties are also imposed for 
making false returns or refusing to produce books or papers 
necessary to make an assessment required by law. 

The return of the assessment made by the collector is sub- 
ject to revision by the Commissioner of Internal Revenue, who 
may at any time within 15 months after the time of the delivery 
of list of taxable property to the collector, require such list to 
be amended by the addition of newly discovered items. The 
assessment may also be amended in favor of the taxpayer, 
and the amended assessment is returned to the collector for the 
purpose of collecting the additional taxes or penalties or as a 
basis of remission of taxes assessed. 

Internal revenue may be collected, when not paid by the per- 
son against whom assessed, by distraint of the goods, chattels 
or effects which may be the subject of the tax. These revenues are 
collected in two ways ; by cash paid directly to the collector and 
by stamps which are sold in quantities to purchasers producing 
goods subject to internal revenue tax, and used by them as the 
goods are put on the market. 

Collectors are forbidden to issue stamps except on the payment 
of the amount involved, and must issue stamps for all duties 
payable by the use of stamps, not being permitted to issue re- 
ceipts for duties paid in lieu of stamps for the same amount 

In addition to the distraint upon goods and chattels affected 
by the tax, real estate of the debtors under the internal revenue 
laws may be seized and sold when a sufficient amount cannot be 
realized by the sale of personal property. 

The Commissioner of Internal Revenue has charge of all the 



366 THE AMERICAN GOVERNMENT. 

real estate which may come into possession of the United States 
under the internal revenue laws, which is held as security for 
the payment of taxes, pending final sale, when such sale cannot 
be immediately effected. 

Collectors of internal revenue are compelled to make monthly 
statements of all collections and are required to complete their 
collections at such intervals as may be required by the Secretary 
of the Treasury in order that there shall be no arrears of taxes 
allowed to accumulate. 

All of the property of the collector of internal revenue, in ad- 
dition to his bond, is subject to the distraint and sale on the part of 
the Treasury Department should he fail to turn over all the amounts 
collected by him. Collectors are charged with the whole amount 
of taxes represented by the lists which have been transmitted by 
them to the Commissioner of Internal Revenue, beside the par 
value of all the stamps which have been issued to them, and are 
further charged with all money which may become due in the 
district as penalties and forfeitures and must make accounts 
to balance by either cash payments into the Treasury or a desig- 
nated depository or a return of unused stamps, or by the sub- 
mission for approval of a list of taxes which cannot be col- 
lected by reason of lack of assets on the part of the debtor. 
A collector is also credited with the cost of collecting the revenue, ex- 
penses therefor being paid by him out of the amounts collected, 
but any difference between the amount charged against him and 
the amount of credits which he is able to secure from the 
Treasury Department must be made good out of his personal 
funds. 

The Commissioner of Internal Revenue is the court of appeal 
for the purpose of determining whether any amount assessed as 
internal revenue taxes has been improperly assessed and col- 
lected, and he is authorized to refund such improper collections, 
returning to the collector also such amounts of money as may 
be recovered from him by recourse to the courts on the part 
of those from whom taxes have been collected. 

The collection of the internal revenue in many instances in- 



THE AMERICAN GOVERNMENT. 367 

volves appeals to the Federal courts either for the settlement of 
questions of construction or in the nature of processes to levy 
upon property against which taxes have become due, and the 
Commissioner of the Internal Revenue is given the power with 
the advice and consent of the Secretary of the Treasury to com- 
promise any such case before a suit is commenced and if a suit 
has actually been brought with the additional recommendation of 
the Attorney General the case may be taken out of court and 
settled. In this latter event, however, it is required that there shall 
be placed on file an opinion of the Solicitor of Internal Revenue, 
giving the reasons for such compromise. 

The business of the internal revenue service chiefly is with the 
persons engaged in pursuits which are subject to special taxes. 
The list of general taxes is kept to as small proportions as possible 
for the reason suggested that a direct tax is a less desirable means 
of raising revenue than an indirect one, because of the opposition 
and possible friction involved. Internal revenue taxes are therefore 
imposed so far as possible either in the form of licenses or of stamp 
taxes on manufactured articles. 

In order to meet the extraordinary expenses of war, additional 
internal revenue taxes to those now in effect would be imposed. 
This was the practice during the time of the Civil War and during 
the Spanish-American War. The additional taxes, although largely 
in the form of stamp taxes on checks and other legal and commercial 
documents, as well as matches, playing cards, and similar articles, 
were also imposed upon legacies, a certain percentage of the amount 
involved being, as it were, confiscated by the United States for the 
general use. An income tax has also been proposed, but an effort 
to apply such a tax has failed because the devices adopted violated 
the constitutional provision that no direct tax should be imposed ex- 
cept in proportion to the population. The income tax being levied in 
proportion with the amount of property held by the individual, such 
a tax was declared unconstitutional by the Supreme Court. 

The chief sources of the internal revenue, therefore, are the taxes 
imposed upon persons carrying on business relating to the manufac- 
ture and sale of liquor or beverages and tobacco. To these are added 



368 THE AMERICAN GOVERNMENT. 

taxes on certain special products hereafter described, and the law 
provides for taxes on the circulation of notes of other than national 
banks which effectually discourages such circulation, so that this 
revenue is inappreciable. It is provided that no person shall carry- 
on a trade or business affected by a special tax until he shall have 
paid the amount of the license fee. This has been held not to cover 
a single sale or transaction in the lines indicated, but to apply only 
to persons who habitually or customarily pursue the trade or business 
named. Every such person is required to register his name and 
place of business with the collector of internal revenue and to pay 
the amount of license required, the payment being evidenced by a 
special stamped certificate, which must be displayed in his place of 
business. Persons subject to such taxes are rectifiers, wholesale 
liquor dealers, retail liquor dealers, manufacturers of stills, manu- 
facturers of plug tobacco and cigars, dealers in manufactured to- 
bacco, dealers in leaf tobacco, retail dealers in the articles indicated, 
brewers, and manufacturers of and dealers in oleomargarin, filled 
cheese and mixed flour. 

In addition to the license fee required of such persons the collec- 
tors of internal revenue are required to see that there is a quantity 
tax imposed upon their product, the payment of which is evidenced 
by stamps affixed to the packages containing the taxable goods. 
The chief of these sources of revenue is the tax on distilled spirits. 
For the purpose of preventing the evasion of this tax subordinate 
officers of the internal revenue known as gangers and storekeepers 
are assigned to each of the distilleries, the former to measure the 
liquids at various stages and the latter to watch over the disposition 
of the products. Heavy penalties with confiscation of the apparatus 
are imposed upon persons who set up means of distillation without 
due registry and notice to the collector or who operate the same 
without having complied with the regulations intended to secure the 
payment of the legal duties. 

Gangers are assigned to duty at each registered distillery, one or 
more of the officers being on duty at all times while the distillery 
is in operation. The gangers measure and record the quantity of 
all articles which would enter into the distillation of spirits and 



THE AMERICAN GOVERNMENT. 369 

which are brought to the distillery, measure and record the volume 
of the liquid produced in the intermediate processes of distillation, 
and finally measure and record the volume of the complete, manu- 
factured article, the volume of the latter being required to bear a 
known proportion to the amount of material which has been re- 
ceived by the distillery. The storekeepers have the custody of the 
various receptacles to see that the contents are not tampered with. 

For the purposes of assessing the tax the basis of computation is 
a gallon of proof spirit, which is a liquid which contains one-half 
of its volume of alcohol. A tax of $1.10 a gallon is imposed upon 
this liquid when of the alcoholic strength of fifty per cent, named 
or below, and a proportionately greater tax is imposed when the 
proportion of alcohol is higher and when the liquid is said to be 
above proof. 

The tax imposed becomes due as soon as alcohol is produced from 
the distillation of fermented substances without regard to further 
processes which may be undertaken for its purification. All persons 
interested in distilleries are jointly liable for the taxes upon the dis- 
tilled spirits produced therein and the close inspection and supervi- 
sion of such manufacturing places includes as well the premises of 
persons who manufacture apparatus for the production of distilled 
liquor, while every person who has the ownership or custody of the 
still is required to register the same in the office of the collector of 
the internal revenue, and to advise that official of any change in its 
location. 

A person about to engage in the business of distillation must 
comply with the regulations as to possession of a given amount of 
unencumbered real estate and give a bond which will be proportion- 
ate to the amount of distilled liquor that can be produced with the 
apparatus installed. The furnaces of stills must be so constructed 
that they can be locked by the government officials, and the plan 
of distilling premises must be submitted to the collector before oper- 
ations are commenced. 

For the purpose of permitting growers of fruits to utilize their 
surplus products in the manufacture of brandy many of the provi- 
sions relating to distillation which apply to grain distillates are sus- 



370 THE AMERICAN GOVERNMENT. 

pended by the Commissioner of Internal Revenue although the same 
amount of tax is imposed as that on grain distillates. 

Every distiller is required to provide at his own expense a ware- 
house or warehouses on his premises to be used for the storage of 
distilled spirits of his own manufacture until the tax thereon shall 
be paid. Such warehouses are in the joint custody of the proprietor 
and of the storekeeper, who is a subordinate officer of the internal 
revenue service, and who is required to be present at all times when 
the warehouse is opened, and no article can be received in or de- 
livered from such warehouse unless upon a permit which must be 
secured from the collector of the district. 

Distillers are required to keep their premises accessible at all 
times and to furnish the collector of the internal revenue such keys 
to gates and doors as may be required for the purpose of allowing 
proper inspection to be made. Gangers are required to make daily 
returns to the collector of the district of all quantities ascertained 
by them as well as of all stamps placed by them upon packages of 
manufactured products. 

When an alcoholic spirit is completed in the process of distilla- 
tion it is measured by the ganger and the percentage of alcohol 
determined, whereupon that package containing the same is properly 
marked and stamped. It may be removed from the distillery upon 
the payment of the tax or may be entered with the collector of the 
district for deposit in the warehouse, a bond being given for the 
payment of the tax before removal from the warehouse and before 
three years after its deposit therein. The application for deposit 
being granted, a permit is given by the collector upon which the 
amount stated is received by the storekeeper and upon later pay- 
ment of the tax imposed a permit for withdrawal is given which is 
the warrant of the storekeeper for allowing the removal of the 
quantity of spirits specified from the bonded store. 

In addition to the distillery warehouses provision is made by 
which the Commissioner of Internal Revenue may establish one or 
more general bonded warehouses, not exceeding ten in number in 
any one collector's district, to which distilled spirits may be removed 
from the distillery warehouses, the payment of the tax being assured 



THE AMERICAN GOVERNMENT. 371 

by a general bond on the warehouse as well as the special bond 
required for the payment of the tax on the product, permission for 
the transfer being evidenced by transfer stamps attached to the 
packages. 

The distilled product chiefly produced in the United States and 
from which the bulk of the internal revenue proceeds are derived 
is whiskey. What constitutes whiskey has been the subject of an 
interesting controversy, especially during the past few months, when 
the discussion on the subject of what constitutes whiskey, which 
has been more or less academic during a great many years, became 
of acute interest because of the impending enforcement of the pure 
food law, so called. 

With respect to the internal revenue collections there is no practi- 
cal diflference between any of the products of the distillers. All of 
them, as soon as the stage of alcohol is reached, become subject to 
the tax of $1.10 per gallon. In commerce, however, the crude prod- 
uct of a distillery is not a beverage, since the substances which 
are carried over with the alcohol in the distillation of whiskey re- 
quire to be changed before they are regarded as palatable by aging 
for several years in oaken casks. As an alternative to this, new 
whiskey can be mixed with other liquids which remedy the harsh- 
ness of the substances above referred to which are present in what 
is known as straight whiskey. The chief of these substances is the 
distilled spirit from which all foreign constituents have been re- 
moved, that is to say a refined spirit or alcohol, which is known com- 
mercially as neutral spirit. This of itself has a slight or no flavor 
and smell, and when mixed with new whiskey and the mixture is 
flavored and colored an imitation of the whiskey which is produced 
by distillation and aging is secured. "Straight whiskey," so called, 
that is whiskey with all its diflferent constituents as produced by a 
single distilling, in various stages of the aging process can be mixed 
or blended to secure a merchantable product at a less cost than that 
of a fully aged whiskey. The controversy which has been and is 
going on at this writing is whether a similar process to this blend- 
ing in which neutral spirit is substituted for one of the whiskeys 
secures as a result a blended whiskey or a compounded beverage. 



372 THE AMERICAN GOVERNMENT. 

The part played by the internal revenue regulation in this matter 
is incidental to one of the regulations. In order to place the so-called 
straight whiskey upon the market in such a form that it can be sold 
directly to the consumer it is necessary to take advantage of the 
bottled in bond provision of law. Very few single consumers would 
be in a position to purchase a barrel of whiskey so that the market 
of the distiller in general is the rectifier or wholesale liquor dealer 
who in the transition between the distiller and the consumer changes 
the character of the product by adding either other whiskey, neu- 
tral spirits or in some cases simply using the whiskey as a flavoring 
substance with a body of neutral spirits. The neutral spirit not 
having been held for considerable periods is a more economical in- 
gredient than "straight whiskey," and the product of the rectifiers 
competes strenuously with bottled in bond products. 

For the privilege of compounding liquors rectifiers and whole- 
sale liquor dealers are required to pay taxes in the nature of license 
fees, and there are also strict regulations so that they shall not in- 
crease the volume of the distilled spirits purchased by them and 
which have paid a tax of $i.io a gallon so as to produce a larger 
quantity of spirits, a portion of which has not paid the tax. Their 
product is stamped with a special stamp issued only upon presenta- 
tion of identifying portions of original stamps and not to the value 
of more than the originals. 

To enable the distiller of whiskey to get his products directly to 
the consumer without intervention of the rectifier or wholesale liquor 
dealer he is given the privilege of bottling his product in the bonded 
warehouse in which it is held; a separate portion being set aside 
for the work and a requirement made that it shall be under the 
inspection of the storekeeper, who is also required to see that the 
necessary stamps representing the tax are affixed. There is, how- 
ever, a regulation that this privilege shall not be extended until after 
the period during which a distiller may apply for a regauge of the 
distilled spirits run during any one season. This period is four 
years and as the distiller is compelled to carry his whiskey during 
that time, he claims he is at a disadvantage with the rectifier who 



THE AMERICAN GOVERNMENT. Z73 

can take a considerable volume of the neutral spirits recently run 
from the still and make an article largely sold as whiskey. 

If the contention under the pure food law that use of a neutral 
spirit distilled from grain constitutes an adulteration of whiskey is 
sustained by the courts, a revolution affecting the commercial con- 
ditions, at least, of the principal article of internal revenue will be 
effected. The payment of the taxes upon distilled spirits is evi- 
denced by the affixing of stamps to the packages containing the 
same, which stamps must be so affixed that they may be destroyed 
by the opening of the packages, and if not so affixed must be 
destroyed under the terms of the law when the packages are 
emptied. 

Brewers of malt beverages are required to register full informa- 
tion as to the character of the business of the brewery with the 
collector before beginning business and must file their bond equal 
to three times the amount of the tax which in the opinion of the 
collector will become due monthly in consequence of the fermented 
beverages brewed. Brewers must make a monthly statement and 
their books are to be open to the inspection of the collector or of 
his deputy. 

Entries made in the books are to be further verified by the oath 
of the person making them. The tax on fermented beverages is 
paid by stamps which must be affixed to one of two spigot holes so 
that they will be destroyed when the barrels are opened, it being 
forbidden by law to have more than two such apertures in the 
barrel. 

Manufacturers of tobacco and snufT before beginning business 
must also make a statement to the collector of the place where the 
business is to be carried on and also of the number and character 
of the machines to be used in such business. Provision is made for 
the proper entries in the books of the manufacturers to determine 
the amount of business done and penalties are provided for doing 
any act which shall conceal from the collector the amount of 
tobacco, snuff or cigars manufactured. 

The character of packages in which tobacco, snuff and cigars 
may be put up for sale is strictly provided by law and prohibition 



374 THE AMERICAN GOVERNMENT. 

is made of the packing of such manufactured articles in other than 
the legal forms. 

Imported tobacco and cigars in the United States must also pay 
the internal revenue duty in addition to the import tax affected by 
the customs law. 

In addition to the foregoing requirements manufacturers of cigars 
must make return of the number of cigar makers employed by 
them, and it is made the duty of every dealer in leaf tobacco to 
make a sworn statement when required of the amount of tobacco 
sold by them to any person when such information is demanded by 
the collector of internal revenue. 

Cigar and tobacco taxes are evidenced by stamps and any pack- 
age containing such articles which do not bear a stamp is held to 
not have paid the revenue tax and is subject to seizure. Stringent 
regulations are in force requiring the destruction of every stamp 
when the package upon which it has been placed has been emptied. 

The internal revenue collectors are also charged with the collec- 
tion of the tax of $10.00 per pound on all opium manufactured in 
the United States for smoking purposes. In order to manufacture 
opium for smoking purposes, persons proposing to carry on such 
business must be citizens of the United States and must give a bond 
in accordance with the requirements of the commissioner of the 
internal revenue. Such a bond shall not be in the sum of less than 
$5,000.00. 

Prepared smoking opium imported into the United States must 
also pay the internal revenue tax and heavy penalties are imposed 
for the sale of opium without the stamp. 

Another source of taxation has within a few years been put into 
effect under the direction of the commissioner of internal revenue. 
This refers to articles in imitation of natural products, and the 
purpose of the taxation is not so much to provide a revenue for 
governmental purposes as to protect standard agricultural products 
from destructive competition, as well as to insure that the purchaser 
of such artificial products shall be certain that they have not been 
deceived. 

The first substance to which this scheme of law was applied was 



THE AMERICAN GOVERNMENT. 375 

oleomargarin, or the mixture of certain other fats with the butter 
fat produced by churning from milk of cows, or substances com- 
posed wholly of other than butter fats, but colored and made up to 
resemble butter. Manufacturers or dealers in oleomargarin are 
required to pay an annual tax in the nature of a license, and in ad- 
dition taxes are imposed on the product which are evident by the 
affixing- of stamps after the manner of other internal revenue taxes. 

Similar provisions are made for the assessment of a tax upon the 
manufacturers and sellers of filled cheese, together with a per pound 
tax on the product. Filled cheese consists of the product formed by 
the mixture of animal or vegetable oils or fat foreign to milk with 
milk or skimmed milk, so that an imitation is made of cheese which 
is made wholly from milk. 

A further tax is imposed on mixed flour which is the product 
secured by grinding wheat with other grain or grain products or 
with any other material. With regard to the latter substance it is 
required that a card shall be inserted in the package denoting the 
composition of these mixed flours. 

Careful and definite provisions are made as to the packages in 
which all three of these classes of substances shall be contained, 
and also as to the method of branding in order to denote their charac- 
ter, and of affixing the stamp showing the payment of the internal 
revenue tax. 

Subordinate officers of the internal revenue service beside the 
deputy collectors, gangers and storekeepers whose duties have been 
heretofore indicated are the special agents who are employed under 
the direction of the commissioner of internal revenue in the various 
investigations necessary for detecting and preventing frauds on the 
revenue. While a considerable portion of the work of these agents 
is in the larger cities where illicit stills are not uncommon, there 
has been a long and romantic history of their operations in the 
remoter sections of the country, especially in the mountainous dis- 
tricts of the South where the farmers finding it difficult to secure 
a market for their corn have been in the habit of turning it 
into whiskey by the aid of a crude apparatus in remote places 
difl'icult of access. There has been almost a century of warfare 



376 THE AMERICAN GOVERNMENT. 

between these farmers and the agents of the internal revenue, 
involving much bloodshed, and a considerable proportion of the 
prisoners at the Atlanta penitentiary, which is under Federal 
auspices, is made up of men who have been detected in these viola- 
tions of the law and sentenced to prison for various terms, although 
it has been argued that, from their point of view, they have been 
guilty of no wrong. While the amount of revenue of which the 
United States has been defrauded by the operations of these small 
distillers has by no means been proportionate with the cost in 
money and life of the special agents of breaking up their business,^ 
it is only by the most incessant care and watchfulness that illegal 
distilling can be prevented from becoming so prevalent as to 
seriously reduce the revenues of the United States. 

The constant demand for distilled spirits and the considerable 
profit which would be made by the evasion of the internal revenue 
tax, makes the field an inviting one for unscrupulous men, and 
makes it impossible to do otherwise than to apply the full rigor 
of the law to the offenders. 

The questions which confront the Commissioner of the Internal 
Revenue and his collectors are by no means easy ones. Besides 
the constant watchfulness to prevent evasions of the law, the 
decisions under the various acts of Congress have grown into a 
system of administrative jurisprudence. For the assistance of the 
Commissioner of Internal Revenue in dealing with these matters 
as well as to provide legal assistance in cases where appeals must 
be made to the courts, a Solicitor of Internal Revenue who is an 
officer of the Department of Justice is assigned to the Internal 
Revenue Bureau, and who undertakes the conduct and settlement of 
the legal questions which arise in the conduct of the internal revenue 
business, subject at all times to review of the Attorney General 
when deemed necessary. 

As the tax upon alcohol is the same whether it appears in the 
manufactured products as a beverage distilled from grain of good 
quality or whether because of its origin from other substances, it 
is not palatable and must be used in the arts, it is evident that the 
economical use of tax-paid alcohol in the latter form is limited to 



THE AMERICAN GOVERNMENT. 377 

those purposes for which alcohol alone can be advantageously used, 
and in which it comes into competition with no other fluid. 

In certain countries where a different policy obtains as to taxing 
alcohol, great developments have taken place both as to the possi- 
bilities of obtaining this substance from various vegetable products 
and of using it, especially as a source of power. For this purpose 
of stimulating the development and extension of the use of alcohol 
in this country, the Congress has, within a few years, made pro- 
vision by which, under certain circumstances, the internal revenue 
tax is remitted so that alcohol can be put on the market at a price 
which allows it compete with other sources of heat, light and 
power. 

The chief of the conditions required by the Congress for the 
remission of the tax is that substances shall be mixed with the 
alcohol as it comes from the still which would effectually prevent 
its use under any form or combination as a beverage. The tax 
upon alcohol was imposed as a tax upon the beverage and the pro- 
hibitive tax incidental on alcohol used in the arts was maintained 
solely because of the impossibility of seggregating the use of 
alcohol in the latter from the use of alcohol as a beverage. There 
have been various enactments by Congress designed to relieve the 
rigidity of the uniform tax upon alcohol where such action could 
be taken without detriment to the internal revenue, but these 
instances were by no means of general application prior to the latest 
enactment. 

The Denaturing Act, so called, provides that an amount of alcohol 
duly protected by bond may be withdrawn from distillery ware- 
houses and mixed under the supervision of an officer of the United 
States with substances which so change the character of the alcohol 
that it cannot be used as a beverage in its condition as denatured 
or made potable by any process of treatment except by redistilling. 
Against this latter possibility provision is made by the system of 
registration of those who deal in the denatured products, with the 
requirement that the books showing the amounts of the sales and 
the destination of each package must be at all times open to the 
inspection of the internal revenue officer. 



378 THE AMERICAN GOVERNMENT. 

The law is expressed in general terms, in order to provide for 
any discoveries or improvements which may be made in the treat- 
ment of this substance and in the method of its production. For 
the purpose of determining upon the regulations which should be 
adopted under the law, the Commissioner of the Internal Revenue 
visited foreign countries and upon his return formulated the present 
set of regulations under which it is possible to establish special manu- 
factories for the production of alcohol intended for denaturing or 
for persons engaged in distilling alcohol for use in beverages to set 
aside a certain portion of their premises to be used as a denaturing" 
house in which the processes of the transmission of a taxable article 
into a non-taxable product may be carried on. 

The Commissioner of Internal Revenue is required to make an 
annual detailed statement to Congress as to how he has expended 
the sums appropriated for detecting and bringing to trial persons 
guilty of violating Internal Revenue laws, or conniving at such 
violation, together with a detailed statement of the miscellaneous 
expenses under his bureau. The Commissioner of Internal Revenue 
has also power to prescribe the character of the stamps used to 
denote the payment of the revenue taxes, and to change the form' 
of the same from time to time as he may see fit. 

As so many of the duties of the office of the internal revenue 
pertain to matters which require chemical analysis to determine 
exact facts, there is attached to the office of the Commissioner of 
Internal Revenue a force of chemists who have the duty of making 
the necessary tests with regard to distilled liquors, oleomargarin, 
mixed flour, etc. 

SCHEDULE OF ARTICLES AND OCCUrATIONS SUBJECT TO TAX ON AND AFTER 

JULY I, 1906. 

Special taxes. 

Rate of tax. 

Rectifiers of less than 500 barrels a year $100.00 

Recitifiers of 500 barrels or more a year 200.00 

Wholesale liquor dealers 100.00 

Retail liquor dealers 25.00 

Wholesale dealers in malt liquors 5000 

Retail dealers in malt liquors 20.00 



THE AMERICAN GOVERNMENT. 



379 



/ Rate 

Manufacturers of stills '. 

And for stills or worms, manufactured, each 

Brewers: 

Annual manufacture less than 500 barrels 

Annual manufacture 500 barrels or more 

Manufactures of tilled cheese 

Wholesale dealers 'in filled cheese 

Retail dealers in filled cheese 

Manufacturers of oleomargarin 

Wholesale dealers in oleomargarin artificially colored in imi- 
tation of butter 

Wholesale dealers in oleomargarin free from artificial colora- 
tion 

Retail dealers in oleomargarin artificially colored in imitation 
of butter 

Retail dealers in oleomargarin free from artificial coloration 

Manufacturers of adulterated butter 

Wholesale dealers in adulterated butter 

Retail dealers in adulterated butter 

Manufacturers of process or renovated butter 

Manufacturers, packers, or repackers of mixed flour 

Distilled spirits, etc. 

Distilled spirits, per gallon 

Stamps for distilled spirits intended for export, each 

Except when affixed to packages containing two or more 
S-gallon cans for export 

Case stamps for spirits bottled in bond 

Wines, liquors, or compounds known or denominated as wine, 
and made in imitation of sparkling wine or champagne, but 
not made from grapes grown in the United States, and 
liquors not made from grapes, currants, rhubarb, or berries 
grown in the United States, but produced by being rectified 
or mixed with distilled spirits or by the infusion of any mat- 
ter in spirits, to be sold as wine, or as a substitute for wine, 
in bottles containing not more than i pint per bottle or 
package 

Same, in bottles containing more than i pint, and not more 
than I quart, per bottle or package 



of tax 
50.00 
20.00 

50.00 
100.00 
400.00 
250.00 

12.00 
600.00 

480.00 



48.00 

6.00 

600 00 

480.00 

48.00 

50.00 

12.00 



1. 10 
.10 

•05 
.10 



.10 
.20 



38o THE AMERICAN GOVERNMENT. 

Rate of tax. 
(And at the same rate for any larger quantity of such 
merchandise, however put up or whatever may be the 
package.) 
Grape brandy used in the fortification of pure sweet wine 
under an act approved June 7, 1906 (to be assessed), per 
gallon .03 

Fermented liquors. 

Fermented liquors per barrel, containing not more than 31 

gallons I.oo 

(And at a proportionate rate for halves, thirds, quarters, 
sixths, and eighths of barrels.) 
More than one barrel of 31 gallons, and not more than 63 gal- 
lons, in one package 2.00 

Tobacco and snuff. 

Tobacco, however prepared, manufactured and sold, or re- 
moved for consumption or sale, per pound $0.06 

Snufif, however prepared, manufactured and sold, or removed 

for consumption or sale, per pound .06 

Cigars and Cigarettes. 

per tTiousand. 

Cigars of all descriptions made of tobacco, or any substitute 
therefor, and weighing more than 3 pounds per thousand. . $3.00 

Cigars of all descriptions made of tobacco, or any substitute 
therefor, and weighing not more than 3 pounds per thou- 
sand, 18 cents per pound .54 

Cigarettes weighing not more than 3 pounds per thousand and 
of a wholesale value or price of more than $2 per thousand, 
36 cents per pound 1.08 

Cigarettes weighing not more than 3 pounds per thousand and 
of a wholesale value or price of not more than $2 per thou- 
sand, 18 cents per pound -54 

Cigarettes weighing more than 3 pounds per thousand 3.00 

Oleomargarin. 

Rate of tax. 
Oleomargarin, domestic, artificially colored to look like but- 
ter, of any shade of yellow, per pound $0.10 



THE AMERICAN GOVERNMENT. 381 

Rate of tax. 
Oleomargarin, free from coloration that causes it to look like 

butter, of any shade of yellow, per pound .ooJ4 

Oleomargarin, imported from foreign countries, per bound... .15 

Adulterated butter and process or renovated butter. 

Adulterated butter, per pound .10 

Process or renovated butter, per pound .ooJ4 

Filled cheese. 

Filled cheese, per pound .01 

Same, imported, per pound .08 

Opium. 
Prepared smoking opium, per pound 10.00 

Mixed Hour. 

Mixed flour, per barrel of 196 pounds, or more than 98 pounds .04 

Half barrel of 98 pounds, or more than 49 pounds .02 

Quarter barrel of 49 pounds, or more than 24 J/^ pounds .01 

Eighth barrel of 24^ pounds or less .ooj^ 

(Mixed flour imported from foreign countries, in addition 

to import duties, must pay internal-revenue tax as 

above.) 

Circulation of and notes paid out by banks and bankers. 

Circulation issued by any bank, etc., or person (except a na- 
tional bank taxed under sec. 5214, Rev. Stat., and sec. 13, act 
March 14, 1900), per month 1/12 of 1 p.c. 

Circulation (except national banks) exceeding 90 per cent of 
capital, in addition, per month 1/6 of i p.c. 

Banks, etc., on amount of notes of any person, State bank, or 
State banking association, used for circulation and paid out. 10 per cent. 

Banks, etc., bankers, or associations, on amount of notes of 

any town, city, or municipal corporation paid out by them. 10 per cent. 

Every person, firm, association, other than national bank asso- 
ciations, and every corporation, State bank, or State bank- 
ing association, on the amount of their own notes used for 
circulation and paid out by them 10 per cent. 



382 THE AMERICAN GOVERNMENT. 

Rate of tax. 
Every such person, firm, association, corporation, State bank, 
or State banking association, and also every national-bank- 
ing association, on the amount of notes of any person, firm, 
association, other than a national-banking association, or of 
any corporation. State bank, or State banking association, 
or of any town, city, or municipal corporation, used for cir- 
culation and paid out by them lO per cent. 



Playing cards. 

Playing card, per pack, containing not more than fifty-four 
cards 



$0.02 



Taxes not payable by stamps. 
Tax on deficiencies in production of spirits — 

On excess of materials used in production of spirits. 

On circulation of banks and bankers. 

On notes paid out by banks and others. 

On brandy used in the fortification of wine. 
Penalties of 50 per cent, and 100 per cent. 



INTERNAL REVENUE DISTRICTS AND COLLECTORS BONDS AND SALARIES. 



District. 
Alabama — 

Collector's address, Birmingham 

Alaska — 
Arizona — 
[Constituted one Collection District April 
28, 1866. Consolidated with District of 
New Mexico September 5, 1883.] 
Arkansas — 
Collector's address. Little Rock 

California — 
I. — The counties of Alameda, Calaveras, 
Contra Costa, Fresno, Inyo, Kern, 
Kings, Los Angeles, Madera, Mariposa, 
Merced, Mono, Monterey, Orange, 
Riverside, San Benito, San Bernardino, 
San Diego, San Francisco, San Joaquin, 



Official Disbursing 
Bond. Bond. Salary. 

$50,000 $10,000 $3,625 
(See Washington.) 

(See New Mexico.) 



50,000 



10,000 



3,025 



THE AMERICAN GOVERNMENT. 



383 



Official Disbursing 
District. Bond. Bond. Salary. 
San Luis Obispo, San Mateo, Santa 
Barbara, Santa Clara, Santa Cruz, Stan- 
islaus, Tulare, Tuolumne, and Ventu- 
ra. Collector's address, San Francisco. 150,000 15,000 4,500 
.4. — The State of Nevada and the following- 
named counties in the State of Cali- 
fornia: Alpine, Amador, Butte, Colusa, 
Del Norte, Eldorado, Glenn, Humboldt, 
Lake, Lassen, Marin, Mendocino, Mo- 
doc, Napa, Nevada, Placer, Plumas, 
Sacramento, Shasta, Sierra, Siskiyou, 
Solano, Sonoma, Sutter, Tehama, Trin- 
ity, Yolo, and Yuba. Collector's ad- 
dress, Sacramento 75,ooo 10,000 3,7SO 

Colorado — 

Collector's address, Denver 75,ooo 10,000 4,000 

Connecticut — 

Collector's address, Hartford 125,000 10,000 4,500 

Dakota — (See Nebraska and North 

and South Dakota.) 

Delaware — (See Maryland.) 

Florida — 

Collector's address, Jacksonville 80,000 10,000 4,500 

Georgia — 

Collector's address, Atlanta 75,000 15,000 3,625 

Hawaii — 

Collector's address, Honolulu 50,000 10,000 3, 500 

Idaho — (See Montana.) 
Illinois — 
I. — The counties of Boone, Carroll, Cook, 
Dekalb, Dupage, Grundy, Jo Daviess, 
Kane, Kankakee, Kendall, Lake, La- 
salle, Lee, McHenry, Ogle, Stephenson, 
Whiteside, Will, and Winnebago. Col- 
lector's address, Chicago 150,000 15,000 4,500 

5. — The counties of Bureau, Henderson, 
Henry, Knox, Marshall, Mercer, Peo- 
ria, Putnam, Rock Island, Stark, and 
Warren. Collector's address, Peoria. . . 200,000 25,000 4,500 



384 



THE AMERICAN GOVERNMENT. 



District. 
8. — The counties of Adams, Bond, Brown, 
Calhoun, Cass, Champaign, Christian, 
Coles, Cumberland, Dewitt, Douglas, 
Edgar, Ford, Fulton, Greene, Han- 
cock, Iroquois, Jersey, Livingston, Lo- 
gan, McDonough, McLean, Macon, 
Macoupin, Mason, Menard, Montgom- 
ery, Morgan, Moultrie, Piatt, Pike, 
Sangamon, Schuyler, Scott, Shelby, 
Tazewell, Vermilion, and Woodford. 
Collector's address, Springfield 

13. — The counties of Alexander, Clark, 
Clay, Clinton, Crawford, Edwards, Ef- 
fingham, Fayette, Franklin, Gallatin, 
Hamilton, Hardin, Jackson, Jasper, Jef- 
ferson, Johnson, Lawrence, Madison, 
Marion, Massac, Monroe, Perry, Pope, 
Pulaski, Randolph, Richland, St. Clair, 
Saline, Union, Wabash, Washington, 
Wayne, White, and Williamson. Col- 
lector's address. East St. Louis 

Indian Territory — 



Official Disbursing 
Bond. Bond. Salary. 



150,000 



10,000 



4,500 



80,000 10,000 4,125 
(See Kansas.) 



Indiana — 
6. — The counties of Adams, Allen, Barthol- 
omew, Benton, Blackford, Brown, Cass, 
Dearborn, Decatur, Dekalb, Delaware, 
Elkhart, Fayette, Franklin, Fulton, 
Grant, Hamilton, Hancock, Hendricks, 
Henry, Howard, Huntington, Jackson, 
Jasper, Jay, Jefferson, Jennings, John- 
son, Kosciusko, Lagrange, Lake, La- 
porte, Lawrence, Madison, Marion, 
Marshall, Miami, Monroe, Morgan, 
Newton, Noble, Ohio, Porter, Pulaski, 
Randolph, Ripley, Rush, St. Joseph, 
Shelby, Starke, Steuben, Switzerland, 
Tipton, Union, Wabash, Wayne, Wells, 
White, and Whitley. Collector's ad- 
dress, Indianapolis 100,000 



10,000 



4,500 



THE AMERICAN GOVERNMENT. 



38s 



District. 
7. — The counties of Boone, Carroll, Clark, 
Clay, Clinton, Crawford, Daviess, Du- 
bois, P'loyd, Fountain, Gibson, Greene, 
Harrison, Knox, Martin, Montgom- 
ery, Orange, Owen, Parke, Perry, Pike, 
Posey, Putnam, Scott, Spencer, Sulli- 
van, Tippecanoe, Vanderburg, Vermil- 
ion, Vigo, Warren, Warrick, and 
Washington. Collector's address, Ter- 
re Haute 

Iowa — 
3. — The counties of Allamakee, Benton, 
Blackhawk, Boone, Bremer, Buchanan, 
Buena Vista, Butler, Calhoun, Carroll, 
Cerro Gordo, Cherokee, Chickasaw, 
Clay, Clayton, Crawford, Delaware, 
Dickinson, Dubuque, Emmet, Fayette, 
Floyd, Franklin, Greene, Grundy, Ham- 
ilton, Hancock, Hardin, Howard, Hum- 
boldt, Ida, Jones, Kossuth, Linn, Lyon, 
Marshall, Mitchell, Monona, O'Brien, 
Osceola, Palo Alto, Pocahontas, Plym- 
outh, Sac, Sioux, Story, Tama, Webster, 
Winnebago, Winneshiek, Woodbury, 
Worth, and Wright. Collector's ad- 
dress, Dubuque 

4. — The counties of Adair, Adams, Appa- 
noose, Audubon, Cass, Cedar, Clarke, 
Clinton, Dallas, Davis, Decatur, Des 
Moines, Fremont, Guthrie, Harrison, 
Henry, Iowa, Jackson, Jasper, Jefifer- 
son, Johnson, Keokuk, Lee, Louisa, Lu- 
cas, Madison, Mahaska, Marion, Mills, 
Monroe, Montgomery, Muscatine, 
Page, Polk, Pottawattamie, Poweshiek, 
Ringgold, Scott, Shelby, Taylor, Union, 
Van Buren, Wapello, Warren, Wash- 
ington, and Wayne. Collector's ad- 
dress, Burlington 



Official Disbursing 
Bond. Bond. Salary. 



100,000 



10,000 



4,500 



50,000 



10,000 



3,375 



60,000 10,000 3,625 



386 



THE AMERICAN GOVERNMENT. 



District. 
Kansas — 

Collector's address, Leavenworth 

Kentucky — 

2. — The counties of Allen, Ballard, Barren, 
Breckinridge, Butler, Caldwell, Callo- 
way, Carlisle, Christain, Clinton, Crit- 
tenden, Cumberland, Daviess, Edmon- 
son, Fulton, Graves, Grayson, Hancock, 
Hart, Henderson, Hickman, Hopkins, 
Livingston, Logan, Lyon, McCracken, 
McLean, Marshall, Metcalfe, Monroe, 
Muhlenberg, Ohio, Russell, Simpson, 
Todd, Trigg, Union, Warren, and 
Webster. Collector's address, Owens- 
boro 

5. — The city of Louisville and the coun- 
ties of Adair, Bullitt, Casey, Green, 
Hardin, Henry, Jefferson, Larue, 
Marion, Meade, Nelson, Oldham, Owen, 
Shelby, Spencer, Taylor, and Washing- 
ton. Collector's address, Louisville... 

6. — The counties of Boone, Bracken, Camp- 
bell, Carroll, Gallatin, Grant, Harrison, 
Kenton, Pendleton, Robertson, and 
Trimble. Collector's address, Coving- 
ton 

7.— The counties of Bath, Bourbon, Boyd, 
Carter, Clark, Elliott, Fayette, Flem- 
ing, Franklin, Greenup, Johnson, Law- 
rence, Lewis, Martin, Mason, Menifee, 
Montgomery, Morgan, Nicholas, 
Powell, Rowan, Scott, and Woodford. 
Collector's address, Lexington 

8. — The counties of Anderson, Bell, Boyle, 
Breathitt, Clay, Estill, Floyd, Garrard, 
Harlan, Jackson, Jessamine, Knott, 
Knox, Laurel, Lee, Leslie, Letcher, 
Lincoln, Madison, Magoffin, Mercer, 
Owsley, Perry, Pike, Pulaski, Rock- 
castle, Wayne, Whitley, and Wolfe, 
Collector's address, Danville 



Official Disbursing 
Bond. Bond. Salary. 

60,000 10,000 3,125 



100,000 



20,000 



4,500 



150,000 



100.000 



40,000 



15,000 



4,500 



4,500 



100,000 



4,500 



80,000 25,000 4,500 



THE AMERICAN GOVERNMENT. 



387 



Official Disbursing 
District. Bond. Bond. Salary. 

Louisiana — 

Collector's address, New Orleans 100,000 20,000 4,500 

Maine — (See New Hampshire.) 

Maryland — 

Collector's address, Baltimore 125,000 20,000 4,500 

Massachusetts — 

Collector's address, Boston 100,000 10,000 4,500 

Michigan — 
T. — Counties of Alcona, Alpena, Arenac, 
Bay, Branch, Calhoun, Cheboygan, 
Clare, Clinton, Crawford, Genesee, 
Gladwin, Gratiot, Hillsdale, Huron, 
Ingham, Iosco, Isabella, Jackson, La- 
peer, Lenawee, Livingston, Macomb, 
Midland, Monroe, Montmorency, Oak- 
land, Ogemaw, Oscoda, Otsego, Pres- 
que Isle, Roscommon, Saginaw, 
Sanilac, Shiawassee, St. Clair, Tuscola, 
Washtenaw, and Wayne. Collector's 

address, Detroit 100,000 10,000 4,500 

4. — Counties of Alger, Allegan, Antrim, 
Baraga, Barry, Benzie, Berrien, Cass, 
Charlevoix, Chippewa, Delta, Dickin- 
son, Eaton, Emmet, Gogebic, Grand 
Traverse, Houghton, Ionia, Iron, Kala- 
mazoo, Kalkaska, Kent, Keweenaw, 
Lake, Leelanau, Luce, Mackinac, 
Manistee, Marquette, Mason, Mecosta, 
Menominee, Missaukee, Montcalm, 
Muskegon, Newaygo, Oceana, Ontona- 
gon, Osceola, Ottawa, St. Joseph, 
Schoolcraft, Van Buren, Wexford. 

Collector's address. Grand Rapids .... 60,000 10,000 4,125 

Minnesota — 

Collector's address, St. Paul 100,000 10,000 4,500 

Mississippi — (See Louisiana.) 

Missouri — 
I. — The counties of Adair, Audrain, Bol- 
linger, Boone, Butler, Callaway, Cape 
Girardeau, Carter, Clark, Crawford, 



THE AMERICAN GOVERNMENT. 



Official Disbursing 
District. Bond. Bond Salary. 

Dent, Dunklin, Franklin, Gasconade, 
Howard, Iron, Jefiferson, Knox, Lewis, 
Lincoln, Linn, Macon, Madison, 
Maries, Marion, Mississippi, Mont- 
gomery, Monroe, New Madrid, Ore- 
gon, Osage, Pemiscot, Perry, Phelps, 
Pike, Pulaski, Ralls, Randolph, Reyn- 
olds, Ripley, St. Charles, St. Francois, 
Ste. Genevieve, St. Louis, Schuyler, 
Scotland, Scott, Shannon, Shelby, 
Stoddard, Warren, Washington, and 
Wayne. Collector's address, St. 
Louis 125,000 15,000 4,500 

6. — The counties of Andrew, Atchison, 
Barry, Barton, Bates, Benton, Bu- 
chanan, Caldwell, Camden, Carroll, 
Cass, Cedar, Chariton, Christian, Clay, 
Clinton, Cole, Cooper, Dade, Dallas, 
Daviess, Dekalb, Douglas, Gentry, 
Greene, Grundy, Harrison, Henry, 
Hickory, Holt, Howell, Jackson, Jasper, 
Johnson, Laclede, Lafayette, Law- 
rence, Livingston, McDonald, Mercer, 
Miller, Moniteau, Morgan, Newton, 
Nodaway, Ozark, Pettis, Platte, Polk, 
Putnam, Ray, St. Clair, Saline, Stone, 
Sullivan, Taney, Texas, Vernon, Web- 
ster, Worth, and Wright. Collector's 

address, Kansas City 60,000 10,000 4,500 

Montana — 

Collector's address. Salt Lake City, Utah . . 50,000 10,000 4,500 

Nebraska — 

Collector's address, Omaha 75,ooo 10,000 4,500 

Nevada — (See Fourth California.) 

New Hampshire — 

Collector's address, Portsmouth 60,000 10,000 3,625 

New Jersey — 

I. — The counties of Atlantic, Burlington, 
Camden, Cape May, Cumberland, 
Gloucester, Mercer, Monmouth, Ocean, 



THE AMERICAN GOVERNMENT. 389 

Official Disbursing 
District. Bond. Bond. Salary, 
and Salem. Collector's address, Cam- 
den 50,000 10,000 3,500 

5. — The counties of Bergen, Essex, Hud- 
son, Hunterdon, Middlesex, Morris, 
Passaic, Somerset, Sussex, Union, and 
Warren. Collector's address, Cam- 
den 100,000 10,000 4,500 

New Mexico — 
Collector's address, Santa Fe 50,000 10,000 2,500 

New York — 
I. — The counties of Kings, Nassau, Queens, 

Richmond, and Suffolk. Collector's 

address, Brooklyn 125,000 10,000 4,500 

2.— The ist, 2d, 3d, 4th, 5th, 6th, 8th, 9th, 

and 15th wards of New York City; that 

portion of the 14th ward lying west of 

the center of Mott street; that portion 

of the i6th ward lying south of the 

center of West 24th street and Govern- 
ors Island. Collector's address. New 

York 100,000 10,000 4>S00 

3. — The 7th. loth, nth, 12th, 13th, 17th, 

i8th, 19th, 20th, 21 St, and 22nd wards of 

New York City; that part of the 14th 

ward lying east of the center of Mott 

street; that part of the i6th ward ly- 
• ing north of the center of West 24th 

street, and Blackwells, Randalls, and 

Wards islands. Collector's address. 

New York 150,000 10,000 4,500 

14. — The counties of Albany, Clinton, 

Columbia, Dutchess, Essex, Fulton, 

Greene, Hamilton, Montgomery, 

Orange, Putnam, Rensselaer, Rock- 
land, Saratoga, Schenectady, Schoharie, 

Sullivan, Ulster, Warren, Washington, 

and Westchester and the 23d and 24th 

wards of New York City. Collector's 

address, Albany 100,000 10,000 4,500 



390 



THE AMERICAN GOVERNMENT. 



District. 
21. — The counties of Broome, Cayuga, 
Chenango, Cortland, Delaware, Frank- 
lin, Herkimer, Jefferson, Lewis, Madi- 
son, Oneida, Onondaga, Oswego, 
Otsego, St. Lawrence, Schuyler, 
Seneca, Tioga, Tompkins, and Wayne. 
Collector's address, Syracuse 

28. — The counties of Allegany, Cat- 
taraugus, Chautauqua, Chemung, Erie, 
Genesee, Livingston, Monroe, Niagara, 
Ontario, Orleans, Steuben, Wyoming, 
and Yates. Collector's address, 
Rochester 

North Carolina — 
4. — The counties of Alamance, Beaufort, 
Bertie, Bladen, Brunswick, Camden, 
Carteret, Caswell, Chatham, Chowan, 
Columbus, Craven, Cumberland, Cur- 
rituck, Dare, Duplin, Durham, Edge- 
combe, Franklin, Gates, Granville, 
Greene, Guilford, Halifax, Harnett, 
Hertford, Hyde, Johnston, Jones, Len- 
oir, Martin, Montgomery, Moore, Nash, 
New Hanover, Northampton, Onslow, 
Orange, Pamlico, Pasquotank, Pender, 
Perquimans, Person, Pitt, Randolph, 
Richmond, Robeson, Rockingham, 
Sampson, Scotland, Tyrrell, Vance, 
Wake, Warren, Washington, Wayne, 
and Wilson. Collector's address, 
Raleigh 

5. — The counties of Alexander, Alle- 
ghany, Anson, Ashe, Buncombe, Burke, 
Cabarrus, Caldwell, Catawba, Cherokee, 
Clay, Cleveland, Davidson, Davie, 
Forsyth, Gaston, Graham, Haywood, 
Henderson, Iredell, Jackson, Lincoln, 

' McDowell, Macon, Madison, Mecklen- 
burg, Mitchell, Polk, Rowan, Ruther- 
ford, Stanly, Stokes, Surry, Swain, 



Official Disbursing 
Bond. Bond. Salary. 



80,000 10,000 4,50a 



100,000 



10,000 



4,500 



100,000 



15,000 



4.500 



THE AMERICAN GOVERNMENT. 



391 



District. 
Transylvania, Union, Watauga, Wilkes, 
Yadkin, and Yancey. Collector's ad- 
dress, Statesville 

North and South Dakota — 
Collector's address, Aberdeen, S. D 



Ohio— 

I. — The counties of Brown, Butler, Clarke, 
Clermont, Clinton, Fayette, Greene, 
Hamilton, Highland, Montgomery, Pre- 
ble, and Warren. Collector's address, 
Cincinnati 

10. — ^The counties of Allen, Auglaize, 
Champaign, Crawford, Darke, Defiance, 
Erie, Fulton, Hancock, Hardin, Henry, 
Huron, Logan, Lucas, Mercer, Miami, 
Ottawa, Paulding, Putnam, Sandusky, 
Seneca, Shelby, Van Wert, Williams, 
Wood, and Wyandot. Collector's ad- 
dress, Toledo 

II. — The counties of Adams, Athens, 
Coshocton, Delaware, Fairfield, Frank- 
lin, Gallia, Guernsey, Hocking, Jackson, 
Knox, Lawrence, Licking, Madison, 
Marion, Meigs, Morgan, Morrow, 
Mushingum, Noble, Perry, Pickaway, 
Pike, Ross, Scioto, Union, Vinton, 
and Washington. Collector's address, 
Athens 

18. — The counties of Ashland, Ashtabula, 
Belmont, Carroll, Columbiana, Cuya- 
hoga, Geauga, Harrison, Holmes, Jeffer- 
son, Lake, Lorain, Mahoning, Medina, 
Monroe, Portage, Richmond, Stark, 
Summit, Trumbull, Tuscarawas, and 
Wayne. Collector's address, Cleve- 
land 

Oklahoma — 

Oregon — 
Collector's address, Portland 



Official Disbursing 
Bond. Bond. Salary. 



100,000 15,000 4,500 



50,000 10,000 2,750 



200,000 20,000 4,500 



80,000 10,000 4,500 



80,000 10,000 4,500 



100,000 10,000 4,500 
(See Kansas.) 

60,000 10,000 3,125 



392 



THE AMERICAN GOVERNMENT. 



District. 
Pennsylvania — 

I. — The counties of Berks, Bucks, Chester, 
Delaware, Lehigh, Montgomery, Phila- 
delphia, and Schuylkill. Collector's ad- 
dress, Philadelphia 

9. — The counties of Adams, Bedford, Blair, 
Cumberland, Dauphin, Franklin, Ful- 
ton, Huntingdon, Juniata, Lancaster, 
Lebanon, Mififlin, Perry, Snyder, and 
York Collector's address, Lancaster.. 

12. — The counties of Bradford, Carbon, 
Center, Clinton, Columbia, Lackawan- 
na, Luzerne, Lycoming, Monroe, 
Montour, Northampton, Northumber- 
land, Pike, Potter, Sullivan, Susque- 
hanna, Tioga, Union, Wayne, and Wy- 
oming. Collector's address, Scranton.. 

23. — The counties of Allegheny, Arm- 
strong, Beaver, Butler, Cambria, Cam- 
eron, Clarion, Clearfield, Craw^ford, 
Elk, Erie, Fayette, Forest, Greene, 
Indiana, Jeflferson, Lawrence, McKean, 
Mercer, Somerset, Venango, Warren, 
Washington and Westmoreland. Col- 
lector's address, Pittsburg 

Rhode Island — 

South Carolina — 
Collector's address, Columbia 

South Dakota — 

Tennessee — 
2. — The counties of Anderson, Bledsoe, 
Blount, Bradley, Campbell, Carter, 
Claiborne, Cocke, Cumberland, Fen- 
tress, Grainger, Greene, Hamblen, 
Hamilton, Hancock, Hawkins, James, 
Jefferson, Johnson, Knox, London, 
McMinn, Marion, Meigs, Monroe, 
Morgan, Polk, Rhea, Roane, Scott, 
Sequatchie, Sevier, Sullivan, Unicoi, 



Official Disbursing 
Bond. Bond. Salary. 



125,000 " 15,000 4,500 



100,000 10,000 4,500 



80,000 10,000 4,500 



125,000 20,000 4,500 
(See Connecticut.) 

50,000 10,000 4,125 

(See North and South Da- 
kota.) 



THE AMERICAN GOVERNMENT. 



393 



District. 
Union, and Washington. Collector's 
address, Bristol 

£. — The counties of Bedford, Benton, Can- 
non, Carroll, Cheatham, Chester, Clay, 
Coffee, Crockett, Davidson, Decatur, 
Dekalb, Dickson, Dyer, Fayette, Frank- 
lin, Gibson, Giles, Grundy, Hardeman, 
Hardin, Haywood, Henderson, Henry, 
Hickman, Houston, Humphreys, Jack- 
son, Lake, Lauderdale, Lawrence, 
Lewis, Lincoln, McNairy, Macon, Mad- 
ison, Marshall, Maury, Montgomery, 
Moore, Obion, Overton, Perry, Pickett, 
Putnam, Robertson, Rutherford, Shel- 
by, Smith, Stewart, Sumner, Tipton, 
Trousdale, Van Buren, Warren, Wayne, 
Weakley, White, Williamson, and 
Wilson. Collector's address, Nash- 
ville 

Texas — 

3. — The counties of Angelina, Aransas, 
Atascosa, Austin, Bandera, Bastrop, 
Bee, Bell, Bexar, Blanco, Brazoria, 
Brazos, Brewster, Brown, Burleson, 
Burnet, Caldwell, Calhoun, Cameron, 
Chambers, Coke, Coleman, Colorado, 
Comal, Concho, Coryell, Crockett, 
Dewitt, Dimmit, Duval, Ector, Ed- 
wards, El Paso, Falls, Fayette, Fort 
Bend, Frio, Galveston, Gillespie, Glass- 
cock, Goliad, Gonzales, Grimes, Guada- 
lupe, Hamilton, Hardin, Harris, Hays, 
Hidalgo, Houston, Irion, Jackson, Jas- 
per, Jeflf Davis, Jefferson, Karnes, Ken- 
dall, Kerr, Kimble, Kinney, Lampasas, 
Lasalle, Lavaca, Lee, Leon, Liberty, 
Live Oak, Llano, McCulloch, McLen- 
nan, McMullen, Madison, Mason, 
Matagorda, Maverick, Medina, Menard, 
Midland, Milam, Mills, Montgomery, 
Newton, Nueces, Orange, Pecos, Polk, 



Official Disbursing 
Bond. Bond. Salary. 



50,000 



10,000 



4,000 



80,000 15,000 4,500 



394 THE AMERICAN GOVERNMENT. 

Official Disbursing 
District. Bond. Bond. Salary. 
Presidio, Reagan, Reeves, Refugio, 
Robertson, Runnels, Sabine, San Au- 
gustine, San Jacinto, San Patricio, 
San Saba, Schleicher, Starr, Sterling, 
Sutton, Terrell, Tom Green, Travis, 
Trinity, Tyler, Uvalde, Valverde, Vic- 
toria, Walker, Waller, Ward, Washing- 
ton, Webb, Wharton, Williamson, Wil- 
son, Zapata, and Zavalla. Collector's ad- 
dress, Austin 60,000 10,000 3,625 

4. — The counties of Anderson, Andrews, 
Archer, Armstrong, Bailey, Baylor, 
Borden, Bosque, Bowie, Briscoe, Calla- 
han, Camp, Carson, Cass, Castro, 
Cherokee, Childress, Clay, Cochran, 
Collin, Collingsworth, Comanche, 
Cooke, Cottle, Crosby, Dallam, Dallas, 
Dawson, Deaf Smith, Delta, Denton, 
Dickens, Donley, Eastland, Ellis, Erath, 
Fannin, Fisher, Floyd, Foard, Franklin, 
Freestone, Gaines, Garza, Gray, Gray- 
son, Gregg, Hale, Hall, Hansford, 
Hardeman, Harrison, Hartley, Haskell, 
Hemphill, Henderson, Hill, Hockey, 
Hood, Hopkins, Howard, Hunt, Hutch- 
inson, Jack, Johnson, Jones, Kaufman, 
Kent, King, Knox, Lamar, Lamb, Lime- 
stone, Lipscomb, Lubbock, Lynn, 
Marion, Martin, Mitchell, Montague, 
Moore, Morris, Motley, Nacogdoches, 
Navarro, Nolan, Ochiltree, Oldham, 
Palo Pinto, Panola, Parker, Parner, 
Potter, Rains, Randall, Red River, 
Roberts, Rockwall, Rusk, Scurry, 
Shackelford, Shelby, Sherman, Smith, 
Somervell, Stephens, Stonewall, Swish- 
er, Tarrant, Taylor, Terry, Throck- 
morton, Titus, Upshur, Van Zandt, 
Wheeler, Wichita, Wilbarger, Wise, 
Wood, Yoakum, and Young. Collect- 
tor's address, Dallas 50,000 10,000 2,750 



THE AMERICAN GOVERNMENT. 



395 



District. 
Utah- 
Vermont — 
Virginia — 
2. — The counties of Amelia, Appomattox, 
Brunswick, Buckingham, Caroline, 
Charles City, Charlotte, Chesterfield, 
Cumberland, Dinwiddie, Elizabeth City, 
Essex, Fluvanna, Gloucester, Gooch- 
land, Greenesville, Hanover, Henrico, 
Isle of Wight, James City, King and 
Queen, King George, King William, 
Lancaster, Louisa, Lunenburg, Math- 
ews, Middlesex, Nansemond, New 
Kent, Norfolk, Northumberland, Not- 
toway, Powhatan, Prince Edward, 
Prince George, Princess Anne, Rich- 
mond, Stafiford, Southampton, Spottsyl- 
vania, Surry, Sussex, Warwick, West- 
moreland, and York. Collector's ad- 
dress, Richmond 

6. — The counties of Albemarle, Alexandria, 
Alleghany, Amherst, Augusta, Bath, 
Bedford; Bland, Botetourt, Buchanan, 
Campbell. Carroll, Clarke, Craig, 
Culpeper, Dickenson, Fairfax, Fauquier, 
Floyd, Franklin, Frederick, Giles, 
Grayson, Greene, Halifax, Henry, High- 
land, Lee, Loudoun, Madison, Meck- 
lenburg, Montgomery, Nelson, Orange, 
Page, Patrick, Pittsylvania, Prince 
William, Pulaski, Rappahannock, 
Roanoke, Rockbridge, Rockingham, 
Russell, Scott, Shenandoah, Smyth, 
Tazewell, Warren, Washington, Wise, 
and Wythe. Collector's address, 
Abingdon .- . 

Washington- 
Collector's address, Tacoma 

West Virginia — 
Collector's address, Parkersburg 



Official Disbursing 
Bond. Bond. Salary. 
(See Montana.) 
(See New Hampshire.) 



10,000 



4,500 



100,000 



50,000 



15,000 



10,000 



4,500 



4,000 



8o,ooo 10,000 4,500 



396 



THE AMERICAN GOVERNMENT. 



District. 
Wisconsin — 

I. — Counties of Brown, Calumet, Dodge, 
Door, Florence, Fond du Lac, Forest, 
Green Lake, Kenosha, Kewaunee, 
Manitowoc, Marinette, Marquette, Mil- 
waukee, Oconto, Outagamie, Ozaukee, 
Racine, Shawano, Sheboygan, Wal- 
worth, Washington, Waukesha, Wau- 
paca, Waushara, Winnebago, and 
county of Langlade with exception 
of the eight townships of said coun- 
ty which were formerly in Lincoln 
county. Collector's address, Mil- 
waukee 

2. — Counties of Adams, Ashland, Barron, 
Bayfield, Bufifalo, Burnett, Chippewa, 
Clark, Columbia, Crawford, Dane, 
Douglas, Dunn, Eau Claire, Grant, 
Green, Iowa, Iron, Jackson, Jefiferson, 
Juneau, La Crosse, Lafayette, Lincoln, 
Marathon, Monroe, Oneida, Pepin, 
Pierce, Polk, Portage, Price, Rich- 
land, Rock, Rusk, St. Croix, Sauk, 
Sawyer, Taylor, Trempealeau, Vernon, 
Vilas, Washburn, Wood, and the eight 
townships in the western part of 
Langlade county which were formerly 
in Lincoln county. Collector's address, 

Madison 

Wyoming — 

THE REVENUE CUTTER 



Official Disbursing 
Bond. Bond. Salary. 



125,000 



10,000 



4,500 



4,375 



75,000 10,000 
(See Colorado.) 
SERVICE. 

In the early history of the United States when goods imported 
into this country were brought to the United States in a considerable 
number of small vessels instead of in the great floating warehouses 
of the present day, it was much easier, without attracting attention, 
for a vessel to run into a small inlet of the sea and illegally- deliver 
her cargo, than would be the case at present. For that reason 
a patrol of the coast, as in the case of European nations, which 
maintained a system of imports on imported goods was a necessity 



THE AMERICAN GOVERNMENT. 397 

from the beginning of the Government. In 1790, there was pro- 
vided as a branch of the Treasury Department an anned service 
known as the United States Revenue Cutter service. Such a ser- 
vice had been in effect in England, an adjunct to the British navy. 
The Revenue Cutter Service of the United States is, however, an 
organization entirely independent and distinct from the organiza- 
tion of the navy of the United States, although in time of war 
it is consolidated with the latter. The personnel of the Revenue 
Cutter Service is headed by a chief of the division who is one of the 
captains in the Service selected by the Secretary of the Treasury 
and detailed, during the pleasure of that official to be the executive 
officer of the service. The remainder of the commission's personnel 
consists of captains, first lieutenants, second lietenants, and third 
lietenants concerned in the navigation and other administrative 
duties of the service, and an engineer in chief who has charge 
of the installation and repairs of steam machinery, chief engineers, 
first assistant engineers, and second assistant engineers, who have 
to do with the motive power of the revenue cutters only. In addi- 
tion, a grade of constructors is provided consisting of officials who 
superintend the construction and repair of the various vessels used 
in the service. 
The duties of the Revenue Cutter Service are as follows : 

The protection of the customs revenue. 

The co-operation with the Navy when directed by the President. 

The assistance of vessels in distress. 

The enforcement of the laws pertaining to the quarantine. 

The enforcement of the neutrality laws. 

The enforcement of the navigation and other laws governing 
merchant vessels. 

The protection of merchant vessels from piratical attacks, and 
the suppression of piracy. 

The protection of the seal fisheries and sea-otter hunting grounds 
in Alaska. 

The protection of wrecked property. 

The suppression of illegal traffic in firearms, ammunition, and 
spirits with the natives along the coast of Alaska. 



398 THE AMERICAN GOVERNMENT. 

The suppression of the slave trade. 

The prevention of the violation of the immigration laws, as pro- 
vided in section 2163, Revised Statutes. 

The revenue cutters on the northern and northwestern lakes, when 
put into commission, are specially charged with aiding vessels in 
distress on the lakes. 

The suppression of mutinies on board merchant vessels. 

The superintendence of the construction of life-saving stations. 

The inspection, instruction, and drilling of crews of life-saving 
stations. 

The enforcement of certain laws connected with the fisheries per- 
taining to the Department of Commerce and Labor. 

The enforcement of the provisions of law in regard to the anchor- 
age of vessels in the ports of New York, N. Y. ; Chicago, 111. ; Ken- 
nebec River, at or near Bath, Me., and in regard to the movements 
and anchorages of vessels in the St. Marys River, Michigan. 

The establishment and maintenance of a refuge station at or near 
Point Barrow, Alaska. 

The enforcement of rules and regulations to insure the safety of 
passengers and crews on excursion steamers, yachts, and other 
craft, and of oarsmen, at regattas. 

For the purpose of carrying out these duties, revenue cutters, 
consisting of 34 vessels of from 174 to 1000 tons burden, are sta- 
tioned at the chief ports, each cutter being assigned to a cruising 
station, the division being as follows : 

STATIONS ON THE ATLANTIC. 

north of cape hatteras. 
Portland, Me. : 

(Cruising grounds, from the St. Croix River to Cape Ann, Mass.) 
Boston, Mass. : 

(Cruising grounds, from West Quoddy Head, Me., to Nantucket 

shoals light-ship.) With additional cutter for harbor duty. 
(Harbor duty.) 

New London, Conn. : 

(Cruising grounds, from Nantucket shoals to Whitestone, N. Y.) 
New York, N. Y. : 

(Cruising grounds, from Nantucket shoals to the Delaware break- 



THE AMERICAN GOVERNMENT. 399 

water.) With two additional cutters for harbor duty and one for 
duty in keeping vessels within anchorage limits. 
Philadelphia, Pa. : 

(Cruising grounds, from New York, N. Y., to Cape Hatteras.) With 
additional cutter for harbor duty. 
Baltimore, Md. : 

(Cruising grounds, Chesapeake Bay.) With additional cutter for harbor 
service. 

SOUTH OF cape HATTERAS. 

Newbern, N. C. : 

(Cruising grounds, Pamlico and Albemarle sounds.) 

Wilmington, N. C. : 

(Cruising grounds, from Cape Hatteras to Jacksonville, Fla.) 

Savannah, Ga. : 

(Harbor duty.) 

Key West, Fla. : 

(Cruising grounds, from Key West, Fla., to Cape Canaveral.) 

San Juan, P. R. : 

(Cruising grounds, waters of Porto Rico.) 

Pensacola, Fla. : 
(Harbor duty.) 

Mobile, Ala. : 

(Rebuilding.) 

GuLFPORT, Miss. : 

(Cruising grounds, from Mobile, Ala., to West End, Lake Ponchar- 
train.) 

Galveston, Tex. : 

(Cruising grounds, from Port Eads, La., to the mouth of the Rio 
Grande.) 

stations on the great lakes. 
Ogdenseurg, N. Y. : 

(Cruising grounds, Lake Ontario and the St. Lawrence River to 
Ogdensburg, N. Y.) 

Detroit, Mich. : 

(Cruising grounds. Lakes Huron, St. Clair, and Erie.) 

Sault Ste. Marie, Mich. : 

(Cruising grounds, St. Marys River.) 

Milwaukee, Wis. : 

(Cruising grounds. Lake Michigan and Lake Superior.) 



400 THE AMERICAN GOVERNMENT. 

stations on the pacific. 
Honolulu, Hawaii ; 

(Cruising grounds, general cruising on the Pacific.) 

Sitka, Alaska : 

(Cruising grounds, waters of southeastern Alaska.) 
Port Townsend, Wash. : 

(Cruising grounds, Puget Sound.) 
Port Townsend, Wash. : 

(Cruising grounds, general cruising on the Pacific.) 
San Francisco, Cal. : 

(Cruising grounds, general cruising on the Pacific.) Two cutters and 
one harbor duty. 

In addition to the number of revenue cutters before named, six 
launches are utilized in the service and eight additional cutters are 
in process of construction at the moment of writing, while a 
former gunboat of the Navy, the Itasca, is being refitted for 
service as an instruction ship in place of the old sailing ship, the 
Chase. 

Within these districts the revenue cutters are expected to make 
such cruises as may be necessary to assure a patrol of the coast 
against smuggling, and also to be ready at all times to afford assist- 
ance to the collector of the port in enforcing his orders, or to en- 
force the navigation laws, or to assist vessels in distress. 

So far as possible the discipline of the revenue cutter is based on 
and follows that of the navy, and entrance to the service is secured 
in a similar manner; the requirements for entrance into the service 
being given in the following paragraphs : 

Appointments as cadets in the Revenue-Cutter Service are made after 
competitive examinations which are open to all young men who are 
•citizens of the United States, unmarried, whose age is within the pre- 
scribed limits, and who produce satisfactory evidence of good moral 
character. 

A person to be eligible for appointment as a cadet of the line must 
produce satisfactory evidence of good moral character, be not less than 
i8 nor more than 24 years of age at the time of appointment, and must 
pass a satisfactory physical examination by a board of officers of the 
Public Health and Marine-Hospital Service, and a satisfactory educa- 
tional examination, which must be written and strictly competitive, by 
a board of commissioned officers of the Revenue-Cutter Service. 



THE AMERICAN GOVERNMENT. 401 

No person who has been dismissed or compelled to resign from the 
Military Academy or from the Naval Academy of the United States for 
hazing, or for any other improper conduct, is eligible for appointment 
as a cadet in the Revenue-Cutter Service. 

Before being appointed a cadet of the line the candidate will be re- 
quired to obligate himself to serve at least three years as an officer in 
the Service, after graduation, if his services be so long required. 

Applications for permission to take the examination should be made 
to the Secretary of the Treasury. No form of application is prescribed, 
but the application should be in the handwriting of the candidate, and 
should state the date and place of his birth, the State of which he is a 
resident, and that he is unmarried. The application must be accompa- 
nied by testimonials sufficient to constitute satisfactory evidence of the 
good moral character of the applicant. The application should state 
what schools or colleges the candidate has attended and in wBat occu- 
pations he has been engaged. 

Examinations will be held in the city of Washington and in a number 
of other cities in dififerent sections of the country, depending upon the 
location of the various candidates. 

No expenses are allowed candidates who are permitted to appear for 
examination. 

The physical examination which will, whenever practicable, precede 
the mental, is conducted by a board of officers of the Public Health 
and Marine'Hospital Service and is thorough and rigid. 

No one found physically disqualified will be examined further. 

The mental examination, while largely elementary, is comprehensive 
and thorough and is designed to ascertain if the candidate has had the 
necessary training to enable him to successfully carry on his studies as 
a cadet at the School of Instruction of the Service. The passing average 
is 70 per cent., and any candidate obtaining a general average of less 
than 70 will be rejected. All papers of all candidates will be examined 
and rated by a board of commissioned officers of the Revenue-Cutter 
Service. The examination is strictly competitive, and those candidates 
obtaining the highest averages will in all cases be recommended by the 
board for appointment. Each question will be independently marked 
by each officer on the board, and the mean of the marks given by all tbe 
members of the board will be taken as the candidate's mark on that 
question. 

The examination will take about four days. 

The board will consider the general adaptability of the candidate for 
the service, and mark its opinion thereon on a scale of 100. This mark 
for adaptability will be given a weight of 5 in a total weight of 100 for 
ihe entire examination. In determining the adaptability of the candidate 



402 THE AMERICAN GOVERNMENT. 

the board will carefully consider the testimonials submitted by him and 
also his bearing and general appearance as reported by the members of 
the subboard before whom he has appeared. 

The salary of a cadet is $500 per annum and one commuted ration per 
day. 

Each successful candidate prior to being appointed a cadet will be re- 
quired to deposit with the superintendent of the School of Instruction 
the sum of $150 to defray the expense of his uniform outfit. The sum 
of $10 per month is withheld from the pay of each cadet and placed to 
his credit toward defraying the cost of an outfit for a commissioned 
officer upon the completion of his cadet course. 

Cadets of the line undergo a course of training for three years at the 
School of Instruction of the Revenue-Cutter Service, which is located 
near Baltimore, Md. After the successful completion of this course they 
are commissioned by the President to fill vacancies in the grade of 
third lieutenant and have the rank and pay of second lieutenants in the 
Army and ensigns in the Navy. 

The enlisted men of the revenue cutter service are enlisted for 
terms of three years each, although their enlistment may be terminat- 
ed at any time by the Secretary of the Treasury. They may be 
enlisted by the commanding or executive officer of revenue cutters 
and must be at least 14 years of age and not more than 45 years of 
age. Enlistments are not for any particular vessels, but are for the 
general service, and enlisted men may be transferred from one sta- 
tion to another. The above term of three years is a maximum and 
may be varied by the Secretary of the Treasury at his pleasure. 

In the cutters on the Great Lakes enlistment is made with the 
proviso that the man may be discharged if the action desirable at 
the end of the navigation season. 

Preference is given in enlistment to citizens of the United States 
or to persons who have declared their intention of becoming citizens 
of the United States. Enlisted men may be promoted in the dis- 
cretion of the commanding officer and as vacancies occur to higher 
ratings, which are similar to those provided under the Navy De- 
partment. 

When directed by the President, the Revenue Cutter Service is 
required to co-operate with the navy and would, in case of war, be 
assigned to duty with the naval force, being for the time being taken 
over from under the charge of the Secretary of the Treasury. 



THE AMERICAN GOVERNMENT. 403 

The list heretofore given of the duties of the Revenue Cutter 
Service is sufficiently comprehensive, although it does not, perhaps, 
fully convey a realization of the important and arduous duties per- 
formed by these vessels. The work of the revenue cutter service 
especially in the arctic seas is of the most difficult and dangerous 
character, especially that which relates to the rescue and release 
of whalers who may be imprisoned in the ice in the far North. 
Within recent years also added important and delicate duties have 
been imposed upon the officers of the Revenue Cutter Service by 
reason of the increase of the population of Alaska, as well as of the 
duties connected with the protection of the sealing islands. The / 

forays of poachers on these islands have to be constantly guarded 
against and in more than one instance armed conflicts have oc- 
curred. Only within the last few years has there come to the knowl- 
edge of civilization the awful conditions obtaining in the northern 
seas which are beyond the reach of the usual processes of justice, 
and here men engaged in whaling and sealing have been under no re- 
straint of law, and terrible cruelties have been perpetrated on seamen 
and upon unoffending natives. During the past three years cruises 
have been made by a revenue cutter bearing officers of the Federal 
Government, who are a part of the judicial system of Alaska. 
These cutters have gone among whalers in the North, and the 
officials have received complaints and investigated conditions, pre- 
liminary hearings are held and the offenders either fined on the 
spot or in the more serious cases held and transported to San 
Francisco or some other port for trial before the United States 
authorities. As the result of this work it is believed that the reign 
of law and order has begun in the far North, and that a material 
decrease in the prevalence of crime has been secured. At the port 
of New York and other principal ports revenue cutters are utilized 
by the custom-house authorities for preliminary boarding on in- 
coming vessels, but at most of the other ports the work of the cutter 
with regard to the custom house is not extensive. When revenue 
cutters are used as boarding vessels the masters must make a weekly 
report of work done to the collector. The lack of more than 
moderate employment in customs work is due to the almost en- 
tire disappearance of anything like smuggling along the coast. For 



404 THE AMERICAN GOVERNMENT. 

reasons hitherto suggested, this form of smuggHng is practically 
obsolete. Should, however, any vessel violate any of the laws of the 
customs or the navigation laws, the revenue cutters are of sufficient 
speed and have a sufficient armament to enforce respect, if necessary, 
by the partial or total destruction of the offending vessel. To this 
end the military organization of the service is kept up. All of the 
cutters are armed with modern guns, and the Revenue Cutter Ser- 
vice is regarded as a military branch, notwithstanding that its 
functions have almost entirely to do with civilian matters. 

The pay of the officers of the Revenue Cutter Service is at the 
following rates while on duty : 

Captains, twenty-five hundred dolllars a year each: 

First Lieutenants and Chief Engineers, eighteen hundred dollars 
a year each. 

Second Lieutenants and First Assistant Engineers, twelve hundred 
dollars a year each. 

Third Lieutenants and Second Assistant Engineers, twelve hun- 
dred dollars a year each. 

And at the following rates while on leave of absence or while 
waiting orders: 

Captains, eighteen hundred dollars a year each. 

First Lieutenants and Chief Engineers, fifteen hundred dollars a 
year each. 

Second Lieutenants and First Assistant Engineers, twelve hun- 
dred dollars a year each. 

Third Lieutenants and Second Assistant Engineers, nine hundred 
dollars a year each. 

The pay of petty officers and seamen cannot exceed the average 
wages paid for like services on the Atlantic or Pacific coasts, respec- 
tively, in the merchant service. 

The commissioned officers of the Revenue Cutter Service are 
known as officers of the line, engineer officers and constructors. 

The commissioned officers of the line are as follows, and take rank 
and exercise command in the order mentioned : 

Captain, 

First Lieutenant, 

Second Lieutenant, 



THE AMERICAN GOVERNMENT. 405 

Third Lieutenant. 

Cadets of the Hne are officers with rank next below third lieu- 
tenant. 

The commissioned officers other than of the line are as follows, 
and they take rank and exercise command in their respective depart- 
ments in the order mentioned : 

Engineer-in-Chief, 

Chief Engineer, 

Constructor, 

First Assistant Engineer, 

Second Assistant Engineer. 

Cadet Engineers are officers with rank next below second assistant 
engineer. 

The warrant officers of the Revenue Cutter are as follows, and 
take precedence in the order named: 

Master's mate. (Special warrant for harbor service.) 

Boatswain. 

Gunner. 

Carpenter. 

Machinist. 

The warrant officers are appointed by the Secretary of the 
Treasury. 

The grades of boatswain, gunner, carpenter, and machinist, re- 
spectively, are filled by rating an enlisted man of the crew, or by 
enlisting a man specially qualified, as acting boatswain, acting gun- 
ner, etc. In any case, the man selected must fill the position for a 
term of not more than three months, which is a period of probation. 

The petty officers and other enlisted persons in the Revenue Cutter 
Service take precedence according to the following classification: 

I. Master at arms. 



I. Petty officers of the first class. . 



2. Electrician. 

3. Ship's writer. 

4. Signal quartermaster. 



4o6 



THE AMERICAN GOVERNMENT. 



2. Petty officers of the second class. < 



3. Other enlisted persons ^ 



1. Assistant master at arms 

2. Quartermasters. 

3. Oilers (first and second). 

4. Coxswains. 

5. Water tenders. 

1. Seamen. 

2. Firemen. 

3. Bugler. 

4. Ordinary seamen. 

5. Coal heavers. 

6. Cabin steward. 

7. Wardroom steward. 

8. Cook. 

9. Steerage cook. 
10. Boys (first class). 

^11. Boys (second class). 

The commissioned offi.cers of the Revenue Cutter Service have 
rank with officers of the Army and Navy as follows : 

Captains with majors in the Army and lieutenant-commanders in 
the Navy; first lieutenants with captains in the Army and lieuten- 
ants in the Navy; second lieutenants with first lieutenants in the 
Army and lieutenants (junior grade) in the Navy; third lieutenants 
with second lieutenants in the Army and ensigns in the Navy. 
Whenever the forces of the Navy and of the Revenue Cutter Ser- 
vice serve in co-operation, in accordance with the provisions of sec- 
tion 2757 of the Revised Statutes, officers of the Revenue Cutter 
Service shall rank with and next after the officers of the Navy with 
whom they respectively hold rank. 

The uniform regulations of the commissioned officers of the 
Revenue Cutter Service are as follows : 

Full dress — Frock coat, full-dress trousers, chapeau, epaulets, 
sword and full-dress belt, white gloves, medals and badges. 

Dress — Frock coat, plain blue or white trousers, chapeau, epaulets, 
sword and black leather belt, white gloves, medals and badges. 

Undress — Frock coat, plain blue or white trousers, blue or white 
cap, shoulder straps, sword and black leather belt, white gloves. 



THE AMERICAN GOVERNMENT. 407 

Service dress — Blue or white service coat, plain blue or white 
trousers, blue or white cap. (Sword and black leather belt and white 
gloves, vv'hen prescribed. The white service coat shall not be worn 
with blue trousers. The white cap shall be worn with white trou- 
sers, and may be worn with blue trousers. White shoes shall be 
worn with white trousers.) 

Evening dress {A) — Evening- dress coat, evening dress waist- 
coat, full-dress trousers, chapeau, epaulets, sword and full-dress 
belt, black tie, white gloves. 

Evening dress (B) — Evening dress coat, evening dress waist- 
coat, plain blue trousers, blue cap, black tie. 

THE LIFE-SAVING SERVICE. 

The close connection of the life-saving service with the revenue- 
cutter service explains why the former has been retained in the 
Treasury Department when other bureaus or divisions having to 
do with the merchant marine have been transferred to the Depart- 
ment of Commerce and Labor. 

Strictly speaking, a life-saving service is a humanitarian and 
philanthropic undertaking, but it is one which was established by 
the United States in connection with other. means for the encourage- 
ment and promotion of the shipping interests of the United States, 
as well as upon the general ground of humanity and care for those 
who could not otherwise be effectively assisted. 

The wrecking of a ship is regarded as a disaster which imposes 
upon many innocent persons loss of property and danger to life, and 
against which they have but feeble means of safeguard. It is there- 
fore regarded by civilized nations as but just that every precau- 
tion should be taken at the national expense and every means 
afforded for the rescue of persons who find themselves in such 
situations. 

The coast of the United States is divided therefore into the 
following districts, to each of which is assigned a district superin- 
tendent : 

The first district, embracing the coasts of Maine and New Hamp- 
shire. 

The second district, embracing the coast of Massachusetts. 



40b THE AMERICAN GOVERNMENT. 

The third district, embracing the coasts of Rhode Island and 
Fishers Island. 

The fourth district, embracing- the coast of Long Island. 

The fifth district, embracing. the coast of New Jersey. 

The sixth district, embracing the coast between Delaware and 
Chesapeake bays. 

The seventh district, embracing the coast between Chesapeake Bay 
and the northern boundary of South Carolina. 

The eighth district, embracing the coasts of South Carolina and 
Georgia and the eastern coast of Florida. 

The ninth district, embracing the coast of the United States bor- 
dering on the Gulf of Mexico. 

The tenth district, embracing the coasts of Lakes Ontario and 
Erie, and a station at Louisville, Ky. 

The eleventh district, embracing the coasts of Lakes Huron and 
Superior. 

The twelfth district, embracing the coast of Lake Michigan. 

The thirteenth district, embracing the coasts of California, Oregon 
and Washington. 

The whole service is in charge of a superintendent of the life- 
saving service, who is located at the Treasury Department in Wash- 
ington. He must be a person familiar with the apparatus used and the 
best methods in vogue in saving life from shipwrecks, and he re- 
ceives a statutory salary of $4,000, the present incum.bent receiving 
$500 additional. The General Superintendent is appointed by the 
President by and Vv^ith the advice and consent of the Senate, and is 
assisted by an Assistant General Superintendent. 

A supervisory board is provided by law, consisting of an inspector 
and assistant inspectors, who are detailed from officers of the rev- 
enue cutter service, each inspector being a captain in that service. 
The inspector must see that all districts in the life-saving service are 
properly inspected at least once a year either by himself or by the 
assistant inspectors, who may be officers of the revenue cutter ser- 
vice especially detailed for the work, or the comrmanding officers of 
the cutters stationed in the various districts. District superintend- 
ents must not be less than 25 nor more than 55 years of age when 
appointed, and must be familiar with the coast of the district in 



THE AMERICAN GOVERNMENT. 409 

which the appointment is to be made. They are selected after a com- 
petitive examination, in which all keepers of life-saving stations in 
the district are invited to participate. Selection is made by the Gen- 
eral Superintendent of the life-saving service, who selects one of the 
three highest from the results of the examination. In case less 
than three of the district keepers pass the examination, another ex- 
amination may be held, to which keepers from an adjoining dis- 
trict may be invited. 

Assistant District Superintendents may be appointed when re- 
quired, and must have the same qualifications and be selected in a 
similar manner as the District Superintendents. The District Super- 
intendents are held responsible for the proper performance of the 
duties of the men in the districts ; must oversee such construction 
as may be carried on ; act as disbursing officers and paymasters of the 
districts, in which capacity they are compelled to file a bond, and also 
are required to make the necessary returns to the General Super- 
intendent of the affairs of the district. 

The keepers of the stations established within the various dis- 
tricts are appointed by the Secretary of the Treasury upon the gen- 
eral recommendation of the General Superintendent. Whenever a 
vacancy exists, the District Superintendent and the Assistant In- 
spector resident in the district, if there is one, make a joint recom- 
mendation of some member of a crew deemed best fitted for the 
position. Unless the General Superintendent has some objection to 
the person recommended for the position of keeper, he will further 
recommend the name to the Secretary of the Treasury ; but if he 
objects, on stating his objections in writing to the Secretary of 
the Treasury, the Superintendent and Inspector must make an- 
other recommendation. Where there is no resident assistant 
Inspector, the District Superintendent recommends for appointment 
as keeper to have full charge of the life-saving station under the 
direction of the District Superintendent, and of the surfmen 
employed during the season. 

Keepers of life-saving stations are also inspectors of customs, and 
when merchandise presumably of foreign origin is cast ashore 
within the limits of their jurisdiction, they must notify the nearest 
collector of customs of the fact; the keeper must take an account of 



410 THE AMERICAN GOVERNMENT. 

any articles which may be removed from the wreck or from the 
shore and forwarded to their destination, to preserve them on ac- 
count of their perishable nature and must require the making out 
and signing of manifests in duplicate if such removal begins before 
the arrival of a customs officer. 

Keepers of life-saving stations and the men under their control 
are required also to act as coast guards to prevent smuggling, and 
are authorized to seize such goods which are being smuggled, or 
have been smuggled, and hold them for the action of the collector 
of customs, for which action the attaches of life-saving stations may 
receive such compensation as the Treasury Department may 
award, not exceeding one-half of the net proceeds from the sale of 
such goods. 

The. position of keeper of a life-saving station is an annual one, in 
distinction from that of surfman, which continues only through the 
active season. Generally the latter includes only the winter and 
spring months, although on some coasts it has been extended to in- 
clude certain periods of summer when storms prevail. The keeper 
miust see that the patrol of the coast of his district is carried on at 
all times during the active season, and when the season closes is re- 
quired to take measures for the preservation of property during the 
inactive season. He is also required in the inactive season to be on 
the alert for wrecks and, in case of such disaster, to collect the surf- 
men as .soon as possible, allowance being made to the surfmen on 
any occasion on which they are required to act during the time in 
which the life-saving station is closed. Keepers over 55 years of age 
are compelled to undergo an annual physical examination to deter- 
mine their fitness for duty. 

Surfmen are employed on examination and certification by the 
Civil-Service Commission upon the following requirements : 

Applications for examination shall be made upon the blank forms 
of application furnished by the Commission, which may be obtained 
from the superintendent of any life-saving district, the keeper of 
any life-saving station, or any officer of the Life-Saving Service. 

For the purpose of establishing registers of eligibles for surfmen 
to meet the demands of the service, the coasts whereon life-saving 
stations are located are divided into sections, as follows : 



THE AMERICAN GOVERNMENT. 411 

First district — Section i, coast of Maine; section 2, coast of New 
Hampshire. Applications will be received from persons residing- on 
the coast of New Hampshire south of Hampton River for employ- 
ment in section i of the second district. 

Second district — Section i, from the northern boundary of Mas- 
sachusetts to Barnstable Bay, except City Point Station; section 2, 
from Barnstable Bay to the eastern boundary of Rhode Island ; sec- 
tion 3, City Point Station. The City Point Station consists of a 
vessel anchored in the harbor of Boston, and the service there re- 
quires experienced sailors rather than surfmen. 

Third district — ^Section i, coast of Rhode Island (except Block 
Island) and Fishers Island, N. Y. ; section 2, coast of Block Island. 

Fourth district — Section i, from Montauk Point to and including 
Quogue Station ; section 2, from Quogue to Fire Island Inlet ; section 
3, from Fire Island Inlet to entrance to New York Bay. 

Fifth district — Section i, from Sandy Hook to Barnegat Inlet; 
section 2, from Barnegat Inlet to Absecon Inlet; section 3, from 
Absecon Inlet to Delaware Bay. 

Sixth district — Section i, from Delaware Bay to the northern 
boundary of Maryland ; section 2, from the northern boundary of 
Maryland to the northern boundary of Virginia ; section 3, from the 
northern boundary of Virginia to entrance to Chesapeake Bay. 

Seventh district — Section i, from entrance to Chesapeake Bay to 
the northern boundary of North Carolina ; section 2, from the north- 
ern boundary of North Carolina to New Inlet ; section 3, from New 
Inlet to Ocracoke Inlet ; section 4, from Ocracoke Inlet to the north- 
ern boundary of South Carolina. 

Eighth district — Section i, coast of South Carolina; section 2, 
coast of Georgia ; section 3, east coast of Florida. 

Ninth district — Section i, west and south coasts of Florida; sec- 
tion 2, coast of Texas. 

Tenth district — Section i, United Slates coasts of Lakes Ontario 
and Erie; section 2, Louisville, Ky. (To this district is added sec- 
tion 2, to make provision for the Louisville Station at the Falls of the 
Ohio River.) 

Eleventh district — Section i, United States coast of Lake Huron; 
section 2, United States coast of Lake Superior. 



412 THE AMERICAN GOVERNMENT. 

Twelfth district — Section i, east coast of Lake Michigan; section 

2, west coast of Lake Michigan, except the Evanston Station ; section 

3, Evanston Station. In filling vacancies in the position of surfman 
at the Evanston Station preference will be given to students of the 
Northwestern University or to eligibles from any section in the dis- 
trict desiring or intending to become students at said university, such 
fact being indicated in their applications, and evidence being pre- 
sented that they will be admitted as students in said university. 

Thirteenth district\ — Section i, coast of Washington; section 2, 
coast of Oregon ; section 3, coast of California ; section 4, coast of 
Alaska. 

Applications for- examination may be filed at any time, and must 
be filed with the keepers of stations nearest the applicants' places of 
residence. The applications must be forwarded by the keepers, 
through the district superintendent, to the General Superintendent 
of the Life-Saving Service for transmission to the Commission for 
examination. 

Each applicant shall furnish two vouchers as to his experience 
as a surfman, sailor, or boatman, from persons by whom or with 
whom he has been employed as such. The term "surfman" includes 
not only a person who has had experience as such in the Life-Saving 
Service, but also a person who has not been employed in that service 
but has had experience in handling boats as a surf fisherman or as a 
wrecker. He must also furnish a certificate of his physical condition. 

An applicant must be: (a) a citizen of the United States; (&) 
not under 18 nor over 45 years of age; (c) not less than 5 feet 6 
inches in height; {d) not less than 135 nor more than 205 pounds 
in weight; {e) must reside in the district in which he seeks employ- 
ment ; (/) must be able to read and write the English language ; {g) 
must be a good swimmer. 

No person can be examined who has not had at least three 
years' experience as surfman, sailor, or boatman; no credit will be 
allowed for experience obtained under the age of 15 years; but if 
there are no eligibles in and for the section where the vacancy 
exists, and certification can not be made from any other section be- 
cause there are insufficient eligibles to make a certification for the 



THE AMERICAN GOVERNMENT. 413 

existing vacancy, applicants having had less than three years' 
experience or no experience at all may be examined. 

During the active season surfmen reside at the life-saving station 
and in turns patrol the beaches and coasts within the subdistricts, 
carrying with them at night the necessary supply of rockets to 
make signals to the station should a vessel in distress be discovered. 
They are expected to afford, as a crew, such assistance as a 
vessel may need whether she be stranded or not, to remove the 
persons on board if she can proceed no further, and to lend their 
assistance to bring her to a point of shelter should that be possible. 
In addition to their patrol work, they are required to engage in 
drills with the lifeboats and life-saving apparatus, and the service 
has, under the close inspection and direction of the officers of the 
Revenue Cutter Service, reached a high state of efficiency, with 
results in practice and in actual work which are most creditable 
to those having the direction and instruction of the personnel of the 
life-saving service. 

Life-saving medals are authorized by law with other rewards 
for persons in the life-saving service who have performed meri- 
torious action, and these are rewarded by the General Superin- 
tendent upon evidence submitted to him as to the character of the 
act performed. 

In addition to the foregoing officers, there is in the life-saving 
service a board on life-saving appliances consisting of seven mem- 
bers, the president of which is a citizen holding no other official 
position, but who is qualified to pass judgment upon devices and 
propositions likely to come before the board. All new inventions 
for saving life and improvements in methods now in vogue are 
presented to this board and passed upon before being installed as 
a portion of the life-saving service. 

In addition to the inspectors detailed from the Revenue Cut- 
ter Service, two superintendents of construction for life-saving 
stations for the Atlantic and Lake Coasts and two for the Pacific 
Coast are designated by the Secretary of the Treasury from officers 
of the Revenue Cutter Service of the rank of captain, who superin- 
tend the preparation of plans and specifications for new stations, 
repairs to old ones, and also under the direction of the General 



414 THE AMERICAN GOVERNMENT. 

Superintendent, select and purchase the outfits for new stations, 
as well as renewals, and take such measures as may be necessary 
to carry into effect the finding board on life-saving appliances. 

Wherever practicable life-saving stations are equipped with tele- 
phone service, either in connection with commercial systems or by 
lines constructed by the government. The life-saving service in- 
cludes a superintendent of telephone lines and a force of linemen 
for the necessary work of telephone construction and maintenance. 
The system is made an auxiliary to the Weather Bureau communi- 
cation, and it is possible for private messages to be sent over these 
lines from isolated points when government business permits. 

PUBLIC HEALTH AND MARINE HOSPITAL SERVICE. 

As originally constituted, the list of commissioned officers of the 
Revenue Cutter Service included surgeons. These, however, have 
been placed under a semi-allied bureau or division, and retain their 
military titles and organization although in effect a body of purely 
civilian functionaries. 

The primary object of the Public Health and Marine Hospital 
Service was the conduct of the hospitals established by the Gov- 
ernment for the care of seamen of the merchant marine. The 
navy has its own medical corps and hospitals and the marine hos- 
pital service is intended solely for the medical and surgical care 
of sailors on private vessels and of the officers and men of the 
vessels of the United States not attached to the navy. 

The Surgeon General of the service is appointed by the President, 
by and with the advice and consent of the Senate, and receives a 
salary of $5,000 a year. He is charged with the supervision, un- 
der the direction of the Secretary of the Treasury, of all matters 
connected with the disbursements of the Marine Hospital Fund, 
and with the direction of the other activities of the service here- 
after detailed. His location is in Washington, where he is as- 
sisted by several Assistant Surgeon Generals. 

The fund from which marine hospitals for the care of merchant 
sailors was established was originally inaugurated through the 
appropriation to this purpose of certain fees paid by merchant 
vessels, together with contributions deducted from the pay of 



THE AMERICAN GOVERNMENT. 415 

seamen of the merchant marine of the United States. The latter 
deduction has, however, been abolished for many years, for the 
reason that the funds available for the service were in excess of 
the demands made upon it. Marine hospitals, under the command 
of commissioned officers of the United States Marine Hospital 
Service, have been established at the chief seaports, as well as at 
convenient points upon the lakes and rivers of the United States. 

Upon application of any master or seaman of a merchant ves- 
sel, medical aid will be afforded him by a commissioned officer 
of the Marine Hospital Service, or, if such officer is not available, 
an application is made to the Collector of the Port, who gives the 
applicant an order on a local physician for the necessary examina- 
tion and treatment, if that is all that is required. If hospital treat- 
ment is necessary, the person can be transported to the nearest hos- 
pital and will there be treated during the period of his sickness and 
convalescence and until fit to resume his duties. Foreign sea- 
men may be examined and treated upon the application to the 
consul of the nation to which he belongs, or the authorized agent 
of a foreign steamship line. A fee of $1 is charged for examina- 
tion of foreign seamen, and further treatment must also be paid 
for by them, although the treatment of seamen of the American 
merchant marine is entirely gratuitous and is paid for from the 
marine hospital fund. 

For the purposes connected with the hospitals, in addition to 
the commissioned officers of the marine hospital service, internes, 
pharmacists and attendants are provided, who are under semi-mili- 
tary regulations, while grades of pilots, marine engineers and at- 
tendants are provided for service in connection with the United 
States vessels utilized by the marine hospital service in the quar- 
antine duties hereinafter described. In addition to the regular 
commissioned officers of the service, acting assistant surgeons are 
appointed at different points where the service required is not 
sufficient to warrant the detail of a regular commissioned offi- 
cer. Candidates for these appointments must be competent phy- 
sicians and surgeons of good moral and professional standing, 
and must be graduates of a reputable medical college. Acting 
assistant surgeons, whose compensation is $300 per year or less, 



4i6 THE AMERICAN GOVERNMENT. 

are appointed by the Secretary of the Treasury, upon the recom- 
mendation of the surgeon general, and where their compensation 
exceeds $300, and preliminary to this appintment, they must pass 
a successful examination under rules prescribed by the United 
States Civil Service Commission. 

Although the matter of quarantine regulations, designed to pre- 
vent the introduction of disease into any given part of the United 
States, was originally and still is a state, rather than a national 
function, it has been found to be necessary, especially at the larger 
seaports and those subject to visits from vessels sailing from ports 
of frequent infection, to establish quarantine stations under national 
quarantine laws. These stations are in addition to state provisions 
of a similar kind, and the national ofHcers are required to observe, 
as far as possible, the local health requirements. It has been 
recommended, and will probably be the fact at some time, that all 
activities as to quarantine will be under national auspices. This, 
however, is not at present true, and it has, on occasions, required 
the most careful and delicate handling to prevent a conflict between 
the national and the State authorities. 

The functions of offtcers of the Public Health Service with re- 
gard to quarantines depend on an act passed in 1893, giving power 
to the Secretary of the Treasury to formulate regulations designed 
to prevent the introduction of cholera, yellow fever, smallpox, typhus 
fever, leprosy and plague into the United States. Vessels coming 
from foreign ports must have a bill of health granted by the consul 
with the advice of a medical officer of the United States, should one 
have been stationed at the place of the consulate, giving the exact 
condition of the health of the port from which the vessel sailed and 
the surrounding country, together with a history of the health of 
the crew. In addition to the general bill of health, when a vessel 
carries steerage passengers, each of such passengers is furnished 
with an inspection card to facilitate the inspection at quarantine. 
The medical officers at foreign infected ports are required to enforce 
certain sanitary regulations, but every vessel subject to quarantine 
by reason of having come from ports against which quarantine 
regulations must be enforced, is considered in quarantine from the 
time it enters a port of the United States until it is released. As 



THE AMERICAN GOVERNMENT. 417 

soon as practicable, arriving vessels are examined and, unless it is 
shown that there can be no possibility of infection, the vessels 
are detained at or near the quarantine station until they can be 
thoroughly disinfected, a similar process being carried on with refer- 
ence to the clothing and baggage of the passengers, and until such 
time has elapsed as may make it certain that no disease will be de- 
veloped. The time of detention varies with different diseases, but 
is that which has been shown by experience to be the limit beyond 
which no case of infectious disease in question will be likely to ap- 
pear. The disinfection of the vessels is carried on by steam, either 
under pressure or in a vacuum, or with one of the chemical dis- 
infectants such as sulphur dioxide or formaldehyde gas. In addition 
to the general inspection for suspected sources of infectious disease, 
officers of the Public Health and Marine Hospital Service examine 
all immigrants, and those afflicted with diseases of the eyes or other 
diseases contemplated by law as constituting a disability, are re- 
jected and must be deported from the United States. 

In addition to the foregoing duties, the Public Health and Marine 
Hospital Service has charge of the work of collecting and disseminat- 
ing information as to the general conditions of health of the country. 
and in cases of serious epidemics, is detailed to assist the local 
authorities in their efforts to quarantine the imfected district so as to 
prevent the spread of the disease. The principal activities of the 
service in this line have been in connection with yellow fever. It 
has taken a prominent part in the investigations of the cause of 
this disease and the means for its prevention, and while, as has 
been said, the service is necessarily circumscribed in its activity by 
the fact that the functions its represents are among those reserved 
to the States, under the provisions of the Constitution, there is a 
growing field for its duties in the co-ordination of the work of the 
various health authorities in the United States, and in investigation 
as to the best methods of preventing the spread of contagious 
diseases. 

The order of rank and precedence in the Marine Hospital Service 
is as follows: 

Surgeon General. 

Assistant surgeon general, according to seniority of commission. 



4i8 THE AMERICAN GOVERNMENT. 

Surgeon, according to seniority of commission. 

Passed assistant surgeon, according to seniority of commission. 

Assistant surgeon, according to seniority of commission. 

Chiefs of divisions Hygienic Laboratory, according to seniority 
of appointment. 

Sanitary inspector, according to seniority of appointment. 

Acting assistant surgeon, according to seniority of appointment. 

Interne, according to seniority of appointment. 

Pharmacist, first class, according to seniority of appointment. 

Pharmacist, second class, according to seniority of appointment 

Pharmacist, third class, according to seniority of appointment. 

Pilots. 

Marine engineers. / 

Commissioned officers of the Public Health and Marine Hospital 
Service rank relatively with and after commissioned officers of 
the Revenue Cutter Service, as follows: Surgeon, with captain; 
passed assistant surgeon, with first lieutenant; assistant surgeon, 
with second lieutenant. 

The official seal of the service is circular in form, bearing the 
words, "Public Health and Marine Hospital Service, U. S.," and 
stars, surrounding a foul anchor and caduceus crossed as shown in 
the subjoined engraving. 

Graduates of medicine, desirous of undergoing examination for 
the position of assistant surgeon in the Public Health and Marine 
Hospital Service of the United States, must make an application, 
addressed to the Surgeon General, in their own handwriting, re- 
questing permission to appear before the board of examiners. Appli- 
cants for examination should state their age, date and place of birth, 
present legal residence, and whether they are citizens of the United 
States, and name of medical school and college of which they are 
graduates, and furnish testimonials from at least two persons as to 
their professional and moral character. Applicants of foreign birth 
must furnish proof of American citizenship. 

No applicant will be eligible to appear before a board of ex- 
aminers whose age Is less than 22 or more than 30 years, and, 
as a preliminary to a recommendation by the Surgeon General for 
appointment as assistant surgeon, the applicant must have been 



THE AMERICAN GOVERNMENT. 419 

graduated in medicine at some respectable medical college, and must 
have passed a satisfactory physical, academic, and professional ex- 
amination before a board of commissioned officers. 

The compensation of commissioned officers is fixed at a uniform 
annual rate for each rank, as follows : Assistant surgeons general 
shall receive $2,900 per annum ; surgeons shall receive $2,500 per 
annum ; passed assistant surgeons shall receive $2,000 per annum ; 
assistant surgeons shall receive $1,600 per annum; the officer in 
charge of the miscellaneous division of the bureau shall receive 
$2,000 per annum; and after five years' service an additional com- 
pensation of 10 per cent, on the annual salary for each five years' 
service shall be allowed commissioned officers above the rank of 
assistant surgeon, but the maximum rate shall in no case exceed 
40 per cent. Officers placed on waiting orders for a period longer 
than two months, while so placed, receive 75 per cent, of the pay and 
increase received by said officer at the date upon which he was 
placed on waiting orders. Allowance for quarters is also made to 
all commissioned officers. 

The compensation of pharmacists is at the following annual 
rates, viz. : Pharmacists of the first class, $1,000 per annum ; phar- 
macists of the second class, $800 per annum ; pharmacists of the 
third class, $700 per annum, and after five years' service an addi- 
tional compensation of 10 per cent, on the annual salary for each 
five years' service is allowed pharmacists above the class of phar- 
macists of the third class, but the maximum rate in no case to 
exceed 40 per cent, 

THE TREASURER OF THE UNITED STATES. 

The income of the United States having been collected, it be- 
comes necessary to have a proper organization for the custody of 
the funds so secured. This, however, calls for something more than 
a mere safe-keeping of certain amounts of money, since it cannot 
be determined in advance what the expenses of the government 
will be, and to meet extraordinary expenses, it is necessary for the 
government to use its credit to secure additional amounts to place 
in the hands of the Treasurer, besides those which come from the 
subordinate collecting officers. When, therefore, the government de- 



420 THE AMERICAN GOVERNMENT. 

parts from a strictly cash system of receiving and paying out its 
revenue, it enters upon considerations of financiering and finds 
itself required to either establish or superintend a currency system 
by which its credit may be expressed in terms. The details of the 
administration of such a system, however, are largely committed 
to the care of another officer than the Treasurer of the United 
States, although functions relative to certificates of indebtedness of 
the Federal government, as well as those relating to actual cash, 
are performed by the Treasurer. 

The Treasurer of the United States is appointed by the President, 
by and with the advice and consent of the Senate, and receives 
a salary of $6,000 a year. He is required, before entering upon 
his duties, to give a bond in the sum of $150,000, a provision for 
his own faithful performance of the duties of his office, and for 
the fidelity of those who may be employed by him. In addition 
to an assistant treasurer in Washington, and to a usual corps of 
assistants, provision is made for assistant treasurers of the United 
States in charge of independent or sub-treasuries ; one each at 
Boston, New York, Philadelphia, Baltimore, New Orleans, St, Louis, 
San Francisco, Cincinnati and Chicago, with salaries of $4,500, ex- 
cept at New York, which pays $8,000, and Boston and Chicago, which 
pay $5,000 each. These sub-treasuries act as banks of receipt and 
of payment, and as means for the transmission of currency from 
one section of the country to another, and, in the case of the 
New York Sub-Treasury, as the depot of deposit and withdrawal 
of gold and silver bullion used in international financial exchanges 
and for the purpose of settling balances of trade. The sub-treasuries 
carry on their operations in a semi-independent manner, being in 
effect, branch banks of the main Treasury at Washington. They 
have, however, no independent power of paying out money from 
the treasury except in accordance with the direction and authoriza- 
tion received from Washington. 

The Treasurer of the United States is required to give receipts 
for all moneys received by him, which receipts must be endorsed by 
the Secretary of the Treasury, as without such approval, no receipt 
for money is lawful. For outgoing moneys it is necessary to have 
the signature not only of the Secretary of the Treasury, but of 



THE AMERICAN GOVERNMENT. 421 

the Comptroller of the Treasury as well. All public moneys col- 
lected by the officers of the revenue and by the courts in the way 
of fines and costs accruing to the United States, must be deposited, 
without deduction, either in the Treasury, a sub-treasury or in one 
of the banks throughout the country which have been designated 
as depositories by the Secretary of the Treasury. All proceeds 
of sales of articles belonging to the government must be paid into 
the Treasury, as must all other proceeds of a miscellaneous nature, 
and in every case the deposit must be of the gross sum received, 
unless there is authority of law for deducting the expenses of the 
sale or other methods of realization of cash proceeds. 

Every offiicer of the United States who desires to disburse 
money and who has given the appropriate bond to cover the said 
disbursement, will, upon the requisition of the head of the de- 
partment under which he is employed, be furnished with the amount 
of money required, not in excess of the appropriation made by 
Congress or of the amount needed for the impending quarter, in ac- 
cordance with a reasonable computation. Such requisitions would 
only be honored for a sum which might be needed by the dis- 
bursing officer within the accounting period for which they are 
drawn, and are usually honored by placing the amount to the credit 
of the officer, either in Washington or at one of the sub-treasuries 
or a depository, in accordance with the location of the officer who 
is to disburse the amount. The Treasurer of the United States, as 
well as all officers in custody of the public funds, are required to 
keep the same safely w^ithout loaning, using or depositing them in 
banks so as to make a profit upon the money, even if the original 
sum is not in any way trenched upon. The use of public money 
to secure interest or any valuable thing thereon is a grave mis- 
demeanor and would subject the offender to punishment as well as 
liability to return of money so secured. All advances of public 
moneys are prohibited, but this does not apply to moneys which 
are issued to disbursing officers under the terms of the appropriations 
of Congress, while the President is authorized to permit additional 
advances to disbursing officers when the public business requires 
in excess of the amounts which would be issued to them under 
the terms of the appropriation act, so that they may make emer- 



422 THE AMERICAN GOVERNMENT. 

gency expenditures, and he is further authorized to allow ad- 
vances to naval and military officers who may have been detailed 
to distant stations, where it will be difficult for them to secure 
their usual pay and emoluments and to reach which will require a 
considerable expenditure of ready money. Other officials cannot 
receive salaries in advance nor money for expenses, except com- 
paratively small amounts from certain appropriations and at the 
discretion of the heads of the departments. As a rule, government 
officials are required to expend their own money for traveling 
and other expenses, securing a reimbursement through expense ac- 
counts, accompanied by proper vouchers. When the advance of 
private funds is, however, considerable, provision has been made 
by which an advance on account of the appropriation may be paid 
to such officers not otherwise disbursing officers, but these instances 
are comparatively few. In, for example, the cases of the United 
States district attorneys, the personal expenses of the attorney in- 
cident to the prosecution of the public business have to be borne by 
the private individual, who, thereafter, is required to await the slow 
process of governmental accounting before securing the return of 
his money. 

Besides being the custodian of the precious metals coined into 
money by the United States, the Treasurer of the United States is- 
sues all paper currency which is based as to its value upon the gold 
and silver bullion held in reserve by the United States, this currency 
constituting a portion of the total circulating medium of the country. 
United States bank notes printed in the Bureau of Engraving and 
Printing receive their final identification in the office of the Treasurer 
of the United States, where the seal of the Treasury is printed upon 
all notes, which are thereupon ready for issue. When this currency 
is redeemed for any reason it is returned to the office of the Treas- 
urer, who thereupon causes the notes to be examined and forwards 
them to the offices of the Secretary of the Treasury and of the 
Register of the Treasury. After this triple examination the notes 
which have been cancelled in the office of the Treasurer are de- 
stroyed by maceration or grinding with water in a machine in the 
basement of the Treasury Building, the operation being under the 
direction of a committee representing the Secretary, Treasurer and 



THE AMERICAN GOVERNMENT. 423 

Register, and the utmost precaution being taken to prevent the 
abstraction of any portion of the canceled notes. National bank 
notes, after having been in circulation, are also received in the 
office of the Treasurer of the United States. They are then as- 
sorted and their amount charged to the bank which issued them, 
the paper itself being separated, those fit for use being sent back to 
the bank and those which are badly damaged being destroyed under 
the same circumstances as treasury notes. 

The chief sources of revenue of the United States are the duties 
on imports, postage, and the more or less direct internal revenue 
taxes. To these are added the amounts received from the sale of 
public lands or other public property, and the amounts imposed as 
fines and forfeitures for infraction of the statutes. It sometimes 
happens that all of these resources are not sufficient for the current 
expenses of a nation, or that important undertakings are inaugu- 
rated which shall be for the permanent benefit of the people and in 
the cost of which, it is generally agreed, future generations should 
share. There is a point, differing perhaps with different nations, 
beyond which it becomes difficult and costly to collect revenue, and 
when the limit of the returns from current taxation has been reached, 
it becomes necessary to pledge the future ability of the people to pay 
taxes for the purpose of raising money for the immediate necessities. 
Bonds or pledges that a percentage will be added to the tax rate 
sufficient to ultimately pay the funds thus advanced have been issued 
in the United States, largely in the payment of the cost of the Civil 
War ; occasionally in order to make up a deficit caused by a too low 
estimate of the revenue-producing powers of a tariff on imports, 
and in some instances to provide funds to carry on the work of a 
tremendous public improvement, such as the building of the Panama 
Canal. While the preparation and issuance of such bonds for the 
United States is under the direction of the Register of the Treas- 
ury, the Treasurer receives the amounts accruing from the bond 
issues and conducts the payment of interest and of the principal when 
the bonds become due. 

Bonds of the United States are in demand not only on ac- 
count of their value as an investment, but on account of the privileges 
which they convey under the banking and revenue laws. It is cus- 



424 THE AMERICAN GOVERNMENT. 

tomary to advertise a bond issue to be sold by allotment so that one 
person or combination shall not control the whole. In addition to 
the care of Federal funds, the Treasurer of the United States 
acts in a fiduciary capacity or as trustee of the several 
funds which are under the care of the United States. These 
include miscellaneous trust funds and the funds formed by the 
amounts returnable to Porto Rico and the Philippine Islands on 
account of duties paid on imports from, those islands coming into 
the United States. He is also the trustee and custodian of the United 
States bonds deposited by national banks to secure their circulation. 
He is fiscal ag'ent for the several bond issues of dependencies, in- 
cluding the land bond issue of the Philippine Islands and the Panama 
Canal bond issue. The Treasurer of the United States is also the 
regulator of the small change of the country. Under provisions of 
law the cost of transporting silver dollars and subsidiary coin be- 
tween different parts of the country and for the convenience of 
persons who are supplied through the various banks, the cost of the 
transportation of such coin is paid by the United States, and the 
Treasurer of the United States has the direction of the supply of coin 
and is accustomed to make such shipments and transfers as may be 
necessary to prevent the accumulation of subsidiary silver coin in one 
location and a consequent scarcity in another. 

THE COMPTROLLER OF THE CURRENCY. 

The issue of bonds or evidence of indebtedness by the United 
States serves an additional purpose to that of providing money for 
the immediate necessities of the country. It has not been regarded as 
being sound national policy for the United States to issue currency 
or mediums of circulation in excess of the amount which could be 
paid upon demand from the reserve of gold and silver in the Treas- 
ury. While a conservative and carefully guarded undertaking of 
this character which should make the Treasury of the United States 
a gigantic bank of issue, and with outstanding notes which would be 
based upon the national credit, could be established, legally, it has 
been held that there was undue risk in the matter that in time of 
stress there would be a temptation to an over-issue of notes which 
would at some point result in the depreciation of the purchasing 



THE AMERICAN GOVERNMENT. 425 

power of the notes from their face vakie and might bring about a 
disastrous condition of the national finances. For this reason it has 
been held to be safer that the money or circulating medium of the 
country should be based upon private assets, the security of the notes 
and the genuineness of the assets being guaranteed by the United 
States. To this end the United States offers to persons who will 
associate themselves as banking corporations and who purchase a 
given amount of the bonds of the United States permission to issue 
bank notes within the limits of the total amount of the bonds 
thus purchased. The bonds issued to the banking associations are 
not delivered directly to them, but are held by the Treasurer of the 
United States as a trustee and subject to any demand which may 
be made upon the bank for the fulfilment of their promise to pay as 
evidenced by their outstanding bank notes. Of late years, as the 
demand for the privilege has increased and the issue of United 
States bonds has not maintained a corresponding place, approved 
bonds other than those of the United States have been accepted and 
are deposited in the Treasury as guarantees of national bank circu- 
lation by those who have the privilege of issuing national bank 
notes, a privilege which is made profitable to them by provisions of 
law which prevent the issuance of circulating notes by other banks, 
the notes of other than national banks being subject to a ten per 
cent, internal revenue tax. Interest paid by merchants, manufac- 
turers and others for the use of currency affords to the national 
banks a return for the investment made in United States bonds and 
for the expense involved in keeping up the system and a profit on 
their banking operations. The national bank circulation of the 
United States, with the notes issued by the United States it- 
self on the basis of its actual possession of cash, enables the opera- 
tions of commerce and manufacturing to be carried on conveniently 
and a total volume of circulation is secured which would be im- 
possible of attainment unless the nation itself should go into a sys- 
tem of credit currency which, as has been said, has generally been 
deemed to be inadvisable. 

The Comptroller of the Currency is the directive officer of this 
system and exercises powers and prerogatives not usual among 
the subordinate officers of departments. The terms of his appoint- 



426 THE AMERICAN GOVERNMENT. 

ment differ altogether from those of the usual appointed officers, as 
he is appointed by the President, by and with the advice and consent 
of the Senate, for a term of five years. He can, however, be sooner 
removed by the President upon statement of the reasons for removal 
to the Senate. The salary of the Comptroller is $5,000 a year. 
Within fifteen days of the time of notice of his appointment he is re- 
quired to take and subscribe to the oath of office and to give the 
United States a bond in the sum of $100,000 conditioned for the 
faithful performance of his duties. While he is under the general 
direction of the Secretary of the Treasury, the Comptroller of the 
Currency has practically independent functions with regard to the 
national banking system. When a banking corporation has complied 
with the terms of the banking act, has secured the necessary amount 
of approved bonds, and deposited them with the Treasurer of the 
United States, the Comptroller of the Currency prepares appropriate 
plates for the printing of notes for the bank, and these, when signed 
by the bank officers, become legal tender in the United States. Al- 
though the validity of the outstanding notes of the national banks is 
secured by the amount of the deposited bonds in the United States 
Treasury, it would be possible for the bank officers to accumulate 
liabilities in other directions, so that the stockholders and depositors 
in the banks would be defrauded of the amounts they had invested 
or entrusted to the institution. All of the national bank notes are 
sent to the United States Treasury for redemption and in case a 
bank should fail to honor its circulating notes when they have 
become due, and are offered to be redeemed, the necessary amount 
to reimburse the United States for the redemption would be raised 
by the sale of the bonds in the Treasury as a deposit from the 
bank. This, however, gives no guarantee to the depositors and for 
the protection of "these the national banking laws provide for the 
maintenance of an adequate reserve of gold or notes of the United 
States and for quarterly statements of the condition of national 
banks, severe penalties of fine or imprisonment being imposed for 
falsification with regard to these reports. 

The Comptroller of the Currency has under his direction a force 
of bank examiners who examine the condition of banks at stated 
intervals, and also upon the appearance of an unsatisfactory state- 



THE AMERICAN GOVERNMENT. 427 

ment, and who are paid by the banks themselves for making the 
examination. In addition to this payment, a small tax is imposed 
upon the bank circulation for the purpose of carrying on the central 
means of redemption and return of bank notes to their points of 
origin. If it appears that a bank is insolvent, or its assets have been 
seriously impaired, the Comptroller of the Currency is required to 
take charge of the bank's affairs and to appoint a receiver who is 
often the examiner who was charged with the duty of making an in- 
vestigation into the condition of the institution. Accordingly as the 
condition of the bank may be hopeless or as financial assistance is 
afforded to it, the affairs of the bank are either liquidated and the 
bank finally closed or they are carried on by the receiver until such 
time as the bank is placed in a perfectly solvent condition, when it 
may be restored to the control of private officers. 

The Comptroller of the Currency is required to make an annual 
statement to Congress of the condition of each banking association, 
together with facts relative to banks which have become involved 
in difficulties during the year and results of the liquidation of banks 
which have been closed. He is also required to secure from the 
States the necessary information which will enable him to re- 
port to Congress the resources and liabilities of the banks and 
banking institutions which have been organized under State laws, 
but which have, under the national banking act, no power of is- 
suing circulating notes. 

THE REGISTER OF THE TREASURY. 

The Register of the Treasury is appointed by the President, by 
and with the advice and consent of the Senate, and is entitled to a 
salary of $4,000 a year. He signs and issues all bonds of the United 
States, and. all bonds issued under national auspices. He transmits 
to the Treasurer of the United States a list of the registered bonds 
showing the names of persons who are entitled to receive interest 
thereon. Of the two classes of bonds issued by the United States, 
the unregistered are subject to the payment of interest upon the 
presentation of the interest coupon. Those which are registered, 
however, can only profit the persons whose names are registered 
at the Treasury as the proper payees of amounts becoming due. 



428 THE AMERICAN GOVERNMENT. 

Transactions relative to the ownership in registered bonds must 
be made of record with the Register of the Treasury to whom proof 
of right to the bond must be submitted in order that the interest 
and principal may be collected. 

In addition to these duties and the registration of United States 
bonds and securities when redeemed, the Register of the Treasury 
receives, examines and arranges all United States currency which 
has been received for redemption, registers the numbers of the 
notes, and performs the last operations with regard to them before 
they go to the macerator for destruction. He also examines and 
registers and arranges for destruction, in a similar manner for the 
destruction of national bank notes, and all customs, internal revenue 
and postage stamps which have been condemned for imperfection 
and ordered to be destroyed. When money is transferred from the 
United States Treasury to the sub-treasuries, or to order of the 
Secretary of the Treasury to the various depositories, the orders 
making the transfers are signed by the Register of the Treasury, 
who also, together with the Treasurer, signs all United States notes 
and paper currency. 

THE BUREAU OF ENGRAVING AND PRINTING. 

All of the bonds and notes of the United States, as well as the 
postage, customs and revenue stamps, are produced at a manu- 
factory maintained ' by the United States itself and which is the 
principal point of the employment of the process of engraving by 
hand on steel plate in the United States at the present time. The 
Bureau of Engraving and Printing, which is under the charge of 
a director appointed by the President at an annual salary of $4,500 
a year, engraves and prints all of the securities and evidences of 
indebtedness of the United States and the national bank notes, 
together with a large variety of engraved matter, including pension 
certificates, bank certifi^^cates, commissions, disbursing officers' 
checks and the portraits of the chief members of Congress author- 
ized by the two Houses for inclusion in the memorial books usually 
printed upon the death of a member. The bank notes of the 
United States and national bank notes are printed on distinctive 
paper into which silk threads are woven by a secret process and 



THE AMERICAN GOVERNMENT. 429 

which is made at the government's factories in Massachusetts under 
close governmental supervision. Every sheet of this paper must be 
accounted for from the time it is manufactured until it has been 
issued by the Treasury or the national banks, and in the Bureau of 
Engraving and Printing if the count of sheets is insufficient at any 
time the doors are closed and the employes must wait until the lost 
sheets have been found or satisfactorily accounted for. This is also 
true as to the plates used in the printing even in the smallest details 
so that if a plate bearing the name of a bank and which could not be 
well used in counterfeiting should be mislaid, there would be the 
same restrictions unless reasonable accountability as to its wherea- 
bouts became known. 

THE DIRECTOR OF THE MINT. 

One of the chief attributes of sovereignty is the power to coin 
money. This power was granted to the Congress by the States and 
is exercised under the direction of the Secretary of the Treasury 
by the Director of the Mint who is appointed by the President, by 
and with the advice and consent of the Senate, and holds his office 
for five years unless sooner removed by the President for reasons 
which must be communicated to the Senate. The Director of the 
Mint receives an annual salary of $4,500 and his necessary traveling 
expenses in visiting the different mints and assay offices. The 
Director of the Mint has his office in Washington, and his duties 
consist of the general supervision of all mints and assay offices. In 
addition to an annual report of the Secretary of the Treasury on the 
operations of these offices the Director of the Mint is charged with 
collecting and making an annual report of the statistics of the 
production of precious metals for each calendar year. 

The Director of the Mint prescribes rules subject to the approval 
of the Secretary of the Treasury for the transaction of business at 
the mints and assaying offices and receives daily reports of their 
operations. He directs the character of the coinage to be executed 
by chiefs of the mints and superintends the annual settlements of the 
affairs of those institutions. All appointments, approvals and trans- 
fers of employees at the mints and assay offices are subject to his 
approval. Besides the administrative force under his direction in 



430 THE AMERICAN GOVERNMENT. 

Washington an assay office is maintained in which tests are made 
of the weights and fineness of coins struck in order to maintain the 
standard of the coinage. The relation of coins of other countries 
to the coins .of the United States is in a general way defined by 
law. Specific relation, however, upon which the custom authorities 
base their calculations are made up by the Director of the Mint who 
publishes a quarterly estimate of the value of foreign coins in the 
coin of the United States. 

The mints of the United States are located at Philadelphia, San 
Francisco, New Orleans, Carson and Denver. A principal assay 
office is located at New York, and there are other assay offices, the 
locations of which are changed from time to time according to 
the exhaustion of the source of precious metal in the mines in the 
vicinity of which assay offices have been located for the convenience 
of the miners and when new deposits are discovered. The full num- 
ber of officials of a mint includes a Superintendent, who is also the 
treasurer, the Assayer, the Melter and Refiner, and a Coiner. In 
the smaller mints the duties of some of these offices are merged. 
Each of the officers of a mint is required to file a bond, approved 
by the Secretary of the Treasury, in the sum of not less than ten nor 
more than fifty thousand dollars, and similar bonds may be required 
of the assistant and clerks in such sums as the Superintendent 
shall determine with the approbation of the Director of the Mint. 
The bonds of subordinates, however, do not relieve the principal 
officers under whom they serve from the liability of such officers to 
the United States in case of default of the subordinates. 

The Superintendent of a mint has general superintendence of its 
operation, and the control and custody of the precious metals re- 
ceived and of the coinage manufactured. He is required to report as 
required by the Director of the Mint in minute detail as to the gold 
and silver in his custody, with its condition with relation to the 
finished stage of coinage. The Superintendent is also required to 
furnish quarterly statements of his transactions with other officers 
of the mint and with the depositors, and monthly statements of the 
expenses. The Superintendent appoints all assistants and clerks and 
workmen, but no person can be appointed by him to employment in 
the offices of the Assayer, Melter, Refiner, Coiner, or Engraver, 



THE AMERICAN GOVERNMENT. 431 

except on the recommendation and nomination in writing of those 
officers respectively. All appointments must be certified to the 
Director of the Mint, and if disapproved by the officer, the appoint- 
ments are vacated. 

While the operations of a mint are purely those of a manufactur- 
ing establishment turning gold and silver into the form of coins as 
prescribed by law, the effect of the statute as prescribing the opera- 
tions of the mints is of the utmost significance with relation to the 
general commercial conditions of the country. The present basis of 
all values in the commerce of the world is the purchasing power of 
a given amount of gold. In the United States this unit of value is 
the one dollar gold piece having a standard weight of 25.8 grains. 
The standard of fineness for this and other gold and silver coins of 
the United States is that in one 1000 parts, by weight, of the metal, 
900 shall be of the pure metal, and 100 of alloy. The alloy of gold 
coins may be of copper or of copper and silver, though the silver in 
no case may be one-tenth of the whole alloy. The mixture of the less 
valuable metals with gold is not for the purpose of afifecting the 
value of the coins as circulating mediums, but simply in order to 
assure a sufficient hardness in quality to enable the coins to stand 
the wear of passing from one hand to another without too great 
abrasion and loss of value. The standard of intrinsic value is 
fixed by the weight of the coin, and is that which corresponds as far 
as may be to the relation which gold bears to the various articles of 
purchase and sale the world over. It is, of course, an entirely 
arbitrary assignment of value to gold which does not change 
automatically with the increase or decrease of the stock of gold in 
the possession of the nations of the world. From time to time the 
production of food, clothing, and other articles, increases by reason 
of improvements in machinery or by reason of the opening of new 
and fertile lands to the processes of agriculture so that the world's 
stock of gold is relatively small as compared with world's stock of 
goods. Under such circumstances gold appears to be scarcer, its 
comparative value increases and when there is more merchandise 
in commerce than the stock in gold can represent, prices fall ; that 
is to say, it takes a larger amount of merchandise to secure represen- 
tation by a given amount of gold. On the other hand, when 



432 THE AMERICAN GOVERNMENT. 

new deposits of gold are developed, as in Alaska, considerable 
additions are made to the world's stock of the metal, and prices 
proportionately increase, while commercial operations are fur- 
nished with a sufficient amount of medium of exchange. 

While there has never been a period in the history of the 
world when the supply of gold was so great as to produce an 
overplus of circulation based upon gold alone, there have been 
times when the increasing production of other commodities 
created a demand for a larger volume of circulating medium, 
so that in addition to gold, silver was used as a fixed basis of 
jvaluation, its intrinsic value, however, being fixed by its relation 
to gold. In a time of the moderate production of silver bullion 
it was found that upon a relation of sixteen ounces of silver to 
one of gold it was possible to add a considerable amount of 
silver to the world's stock of materials for commercial exchange, 
and silver coinage was carried on until increasing production of 
silver rendered the relation of sixteen to one an artificial propor- 
tion, which was destroyed by the market price of silver bullion 
regarded as a commodity purchaseable by gold. For this reason 
all attempts to utilize silver as a means of exchange, except in 
the form of subsidiary coinage have been abandoned by the 
United States, except as to a limited number of silver dollars 
coined from silver purchased in the open market, and which 
bears the same relation to the gold reserve of the country as do 
the United States notes based upon the same reserve; that is to 
say, the United States provides against the debasement of such 
number of silver dollars as may be in circulation by making 
them exchangeable at the will of the holder for the gold coinage, 
a similar guarantee maintaining the parity of the subsidiary 
coinage, so that the silver coins of the United States are only in a 
less degree as truly credit money as the paper currency itself. 

Under the provision of the law, any person having gold in a 
free state may present the same to one of the mints or assay 
offices of the United States and receive for the same gold coin 
of a value equal to the assayed value of the bullion, less the 
charges for the service of assaying, melting, refining and coining, 
which are fixed by the Director of the Mint, with the approval 



THE AMERICAN GOVERNMENT. 433 

of the Secretary of the Treasury. Unrefined silver may also 
be presented for assay and refining on payment of the due 
charges, but there is no warrant for coining the same, and bul- 
lion is returned in the form of bars or ingots, unless it shall be 
purchased at the current market price under the direction of the 
Secretary of the Treasury for the purpose of coining into sub- 
sidiary coins or into silver dollars. It was one of the issues in 
a national presidential campaign that a law should be passed 
restoring silver to the position it formerly held, namely, that of 
free and equal coinage with gold in the mints of the United 
States. The proposition was rejected in the campaign in which 
it was an issue, and the material increase in the world's stock of 
gold on account of production in Alaska and South Africa ended, 
by the logic of events, the agitation upon which the issues in 
the campaign referred to were founded. 

Upon the presentation of bullion to a mint it is taken in charge 
by the Superintendent who forwards a sample of the deposit to 
the assayer, who returns a report upon which the Superin- 
tendent calculates the value of the bullion deposited with him. 
The Superintendent then gives to the depositor a certificate of 
the amount deposited, whether payable in coin or in bars, the 
certificate being countersigned by the Assayer. 

The Melter and Refiner carries on all the operations necessary, 
to transform the gold or silver as received from the depositor 
into bullion of standard fineness, and produces the bars and in- 
gots, which are either to be delivered to the depositor or to the 
Coiner, for the purpose of being struck into money. He is re- 
sponsible for all bullion delivered to him by the Superintendent, 
and must take care that the bars and ingots produced conform 
to the provisions of law as to fineness. The bullion produced 
by the Melter and Refiner is returned to the Superintendent, who 
issues it to the coiner, when necessary for the operation of pro- 
ducing a given amount of coinage, as directed by the Director 
of the Mint. The Coiner is also required to adhere strictly to 
the provisions of law, and to keep an accurate account and make 
returns of all bullion entrusted to him, such returns being in the 
form of coins and waste pieces, and the account must balance, 



434 THE AMERICAN GOVERNMENT. 

due allowance being made for expenditure of the precious metals 
in the operations of coining. 

The coins being prepared are delivered to the Superintendent 
of the mint, who receipts for the some and keeps a careful record 
of the kind, number and weight. It is his duty to try a number 
of single pieces separately, to determine whether they are within 
the legal limits, and if there is any doubt, is required to have all 
of the coins of the delivery represented weighed separately, so 
that the delivery, if found under weight, may, as a whole, or in 
such part as may be necessary, be returned to the stock of 
standard bullion in the mint for recoining. The Superintendent 
must also, in the presence of the Assayer, take not less than one 
piece for each thousand pieces of gold coin, or one piece for each 
two thousand pieces of silver coin, for the purpose of the annual 
test of coins. The pieces selected are sealed in an envelope, 
properly labeled, and reference made to the delivery from which 
they were taken. There is in each mint a box of special con- 
struction or pyx which is kept under the joint care of the Super-: 
intendent and Assayer, and so secured that neither can have 
access to its contents without the presence of the other. The 
reserved pieces are placed in this receptacle and transmitted 
quarterly to the mint at Philadelphia. On the second Wednes- 
day in February, annually a commission consisting of the Judge 
of the District Court for the Eastern District of Pennsylvania, 
the Comptroller of the Currency, the Assayer of the assay office 
at New York, and such other persons as the President may add, 
meet at the mint in Philadelphia and examine and test the pieces 
of money which have been reserved by each of the mints through- 
out the year. If the coins do not deviate in standard of fineness 
and weight more than the deviation allowed by law the trial 
is to be considered and reported to the President as satisfactory. 
If, however, a greater deviation is found to exist in any piece, 
the fact of the deviation is to be certified to the President, and 
if the President, upon viewing the circumstances, so decides, the 
officers implicated in producing the error may be removed, and 
shall henceforth be disqualified from holding their office. 

The Engraver for the mints is located at Philadelphia, and it 



THE AMERICAN GOVERNMENT. 435 

is his duty to prepare from the dies authorized by law the work- 
ing dies used in the coinage of the various pieces of money in- 
ckided in the coinage of the United States. No change in the 
design of a coin can be made oftener than once in twenty-five 
years, and no change at any time can be made in the diameter of 
any coin. If a change in the design of a coin is decided upon, the 
Director of the Mint has power, with the approval of the Secre- 
tary of the Treasury to engage the services of distinguished 
artists to produce a new design. Such an engagement was made 
within a short time with reference to producing new designs for 
the gold coins, the services being compensated from the contin- 
gent appropriation from the mint at Philadelphia. The first 
coins of the new design (by St. Gaudens) have, at the date of 
writing, just been struck. 

It is in the discretion of the Superintendent of a mint to refuse 
a deposit of bullion of less value than $ioo or any bullion which is 
so base as to be unsuitable for the operations of the mint. Where 
gold and silver are combined, and either metal is in such small 
proportion that it cannot be separated advantageously, no allow- 
ance is to be made to the depositor for the value of the subsidiary 
metal. The fitness of bullion to be received is determined by 
the Assayer, and the Melter and Refiner determine whether the 
value may be calculated on the condition of the bullion as it is 
received, or whether it must be first melted and refined before a 
value can be placed upon it. Although charges are made for 
operations relative to the transmission of metal deposited into 
bullion of standard fineness, no charge is made for converting 
gold bullion of standard fineness into coin. Before countersign- 
ing the certificate of the value of deposits of bullion the Assayer 
is required to verify the calculation of the Superintendent, which 
determines the amount of the credit. 

There is as a consequence of the operation of turning silver, 
nickel and copper into subsidiary coinage, considerable profit, 
which accrues to the United States, being the difference between 
the market value of the metal and the face value of the coin 
produced. This profit is credited to a special fund from which 
the wastage involved in the coinage is made up, and from which 



436 THE AMERICAN GOVERNMENT. 

amounts are taken as necessary to defray the cost of transporting 
the minor coin to various points in the country, where it is 
placed in circulation. Besides the coins of the United States at 
the mints, provision is also made for striking medals and for the 
coinage of money for foreign nations, when the cost thereof is 
defrayed by payment by those for whom the work is done. 

Balances of trade between the merchants of the United States 
and those of foreign countries are settled in actual gold and 
silver, representing, however, only a small part of the sum total 
of the amounts involved. For the settlement of these balances 
it is necessary to make considerable shipments, aacording to 
the seasons of the year, and also of the state of the market of 
the respective countries, and for this purpose gold and silver, 
especially gold in bars, are the necessary mediums of interchange. 

Provision is made that upon deposit of gold coins of not less 
than a given amount, gold bullion may be received in return 
for shipments, and coin certificates which have been issued at 
the various mints to depositors, may be presented in lieu of the 
actual coin and gold bars or ingots secured for the purpose of 
shipment abroad. The bulk of these shipments are made from 
the port of New York, and provision is made for the transfer of 
gold in bars or ingots from the assay office in New York to the 
New York sub-treasury, for issue from the latter institution, while 
the transatlantic steamers ply out of that port are usually fitted 
with special strong rooms for the purpose of carrying the con- 
siderable amounts of gold involved to and fro. 

Foreign coins which come into the possession of the United 
States, and which are valued in accordance with the quarterly 
statements of the Director of the Mint, must be recoined before 
they can be reissued. 



THE AMERICAN GOVERNMENT. 437 

MINT OFFICERS. 

(term of office, unlimited.) 
Location. Office. Bond. Salary. 

California — 

San Francisco Superintendent $100,000 $4,500 

Assayer 20,000 3>ooo 

Melter and refiner 20,000 3,000 

Coiner 30,000 3.000 

Colorado — 

Denver Superintendent 100,000 4,500 

Assayer 10,000 3.000 

Colorado — Cont'd — 

Denver Melter and refiner $20,000 $3,ooo 

Coiner 30,000 3,000 

Louisiana — 

New Orleans Superintendent 100,000 3,SOO 

Assayer 10,000 2,500 

Melter and refiner 20,000 2,500 

Coiner 20,000 2,500 

Nevada — 

Carson Assayer in charge $25,000 $2,000 

Pen nsylvania — 

Philadelphia Superintendent 100,000 4,50o 

Assayer 10,000 3,000 

Melter and refiner 20,000 3,000 

Coiner 30,000 3,000 

Engraver 4,000 

Idaho — 

Boise City Assayer $20,000 $2,000 

Missouri — 

St. Louis Assayer in charge 20,000 2,000 

Montana — 
Helena Assayer in charge 25,000 2,250 

New York — 

New York Superintendent 50,000 4,500 

Assayer 10,000 3,000 

Melter and refiner .... 20,000 3,000 
North Carolina — 

Charlotte Assayer and melter $10,000 $1,500 

South Dakota — 
Deadwood Assayer in charge 20,000 2,000 

Washington — 
Seattle Assayer in charge 50,000 2,750 



438 THE AMERICAN GOVERNMENT. 

THE SECRET SERVICE. 

There is, of course, every temptation for persons to counter- 
feit both the coin and the bank notes of the United States, and of 
the national bank currency, and for the purpose of detecting such- 
counterfeits and of tracing- persons who may attempt to make 
or issue spurious coins and notes, there is a division in the 
Treasury Department closely allied to the office of the Treasurer, 
and to the divisions v^hich have to do with the issue of money 
in tangible form, known as the Secret Service. It is under the 
direction of a chief, who receives $4,000 a year, and who has. 
charge of the work of operatives who are scattered all over the 
United States, and who make up the personnel of the chief de- 
tective bureau of the government. The duties of the Secret 
Service operatives are primarily in the detection of counterfeiters, 
and the prevention of counterfeiting. They are also utilized in 
detective work under other departments of the government, and 
especially are charged with the safety of the President when he 
leaves the White House. The personality of the operators and 
the methods of the work of the Bureau are, of course, kept a 
close secret, and their services are secured for work under 
other departments by confidential communication to the Secre- 
tary of the Treasury. When, however, they are utilized in work 
not pertaining to the work of the Treasury Department, their 
salary and expenses are paid by the department for whom the 
service is being performed. 

THE AUDITORS OF THE TREASURY. 

It is a fundamental principle of the payment of money from 
the Treasury of the United States, and a strict statutory provi- 
sion that no money shall be so paid except in accordance with an 
appropriation made by Congress. There can, therefore, be no 
payments made from the public funds unless, first, authority for 
such payment has been made either by specific direction of Con- 
gress naming the claim and the amount to be paid, or unless it 
comes within the terms of one of the general appropriation acts 
making provision for meeting expenses of the Government, The 
payments from the Treasury are of two general classes, those 



THE AMERICAN GOVERNMENT. 439 

which have been decided to be due by the Accounting Officers of 
the Government and those which have been directly presented to 
Congress because no appropriation in its terms would warrant 
the auditing officers of the Treasury Department in taking a 
favorable action thereon. In this latter class of payments there 
are included the judgments rendered against the United States by 
the Federal Courts, together with claims for reimbursements and 
for injuries and damages received, which have been presented 
to Congress and have been favorably acted upon by that body. 
As has been stated, it is the practice to advance to disbursing 
officers, upon the requisitions of the several heads of the Depart- 
ments such amounts as may be necessary to enable them to 
meet expenses promptly, and the majority of the disbursements 
of the Government are carried on through such officials. The 
payments thus made, however, are only conditional ones, and 
are subject to revision by the Treasury Department. If it is 
found that they have been illegally or improperly made, the dis- 
bursing officer must make good the difference, and if possible 
secure from the person to whom the payment was actually made 
a reimbursement to cover his loss. Evidences of the payments 
made by disbursing officers in the form of signed payrolls, re- 
ceipts and other vouchers, are forwarded to the auditors for the 
different departments who are officials of the Treasury Depart- 
ment. In most cases a provision is made for an administrative 
or preliminary audit of the accounts in the department having 
jurisdiction over the different disbursing officers, but the main 
disbursing officers of departments transmit their accounts to the 
auditors directly, together with the accounts of the sub-disbursing 
officers who are under their charge. 

Officials of the Government who act as disbursing officers 
without bond use their own money, as they are compelled to do 
in most cases for the payment of personal expenses incurred. 
Their accounts may either be paid by disbursing officers of the 
department under which they act, or may be forwarded to the 
Treasury Department for payment by check on the United States 
Treasury. In all cases, however, all accounts, before they are 
finally closed or settled, must be scrutinized by officials of the 



440 THE AMERICAN GOVERNMENT. 

Treasury Department. This work in the Treasury Department 
is performed under the direction of six Auditors, known, respec- 
tively, as the Auditor for the Treasury Department, Auditor for 
the War Department, Auditor for the Interior Department, Au- 
ditor for the Navy Department, Auditor for the State and Other 
Departments, and Auditor for the Post Office Department. The 
names of these officials are sufficiently descriptive, the Auditor 
for the State and Other Departments auditing the accounts of all 
the departments except those for whom an auditor is specifically 
named. The Auditors are appointed by the President, by and 
with the advice and consent of the Senate, and receive $4,000 each 
per annum. It is provided by law, in order that there shall not 
be excessive delays in the settling of accounts that the necessary 
documents must be forwarded to the department within a limited 
time, usually twenty days after the close of a quarter, and that the 
administrative audits must be completed and the accounts for- 
warded to the Treasury Department within a further limited 
time, running from forty to eighty days. 

The accounts when received by the auditors are subjected to a 
most careful scrutiny and comparison with payment for similar 
services or articles m.ade in previous quarters, and upon the 
account being found correct, it is certified to the division of 
bookkeeping and warrants of the Treasury Department for credit 
to the account of the disbursing officer or for the prep- 
aration of a warrant, which, when signed by the Secretary of 
the Treasury, and countersigned by the Comptroller of the 
Treasury, becomes due and payable in cash, or by a check on the 
Treasury of the United States. In order to receive such an ap- 
proval, however, the account must have been paid under warrant 
of law, evidenced by its inclusion within the terms of an appro- 
priation act or the special provision of Congress, and must come, 
as to its details, within the regulations of the department 
under which payment was made, and of the regulations of 
the Treasury Department for the payment of money. The quan- 
tities of the goods must be certified as having been received, and 
the prices therefor must be in accordance with contracts made, 
or if purchased in the open market must have been purchased 



THE AMERICAN GOVERNMENT. 44i 

under the regulations for such purchases, and must not be in 
excess of the usual commercial prices. Transportation must have 
been charged at the tariff published by the railroad, and accounts 
for personal services and expenses must be verified by the affida- 
vit of the person to whom the payment is to be made, and must 
bear the approval of his superior, and the certification of the 
latter that the services were rendered and the expenses incurred 
in connection with official business. 

When items in accounts do not in every way fulfil the require- 
ments of the various regulations payment on them is suspended 
and the disbursing officer is notified of the fact and allowed to 
submit any statement or explanation which may clear the matter 
up. Upon this statement, if it still appears that the payment can- 
not be approved, the amount is checked against the account of 
the disbursing officer, who must secure reimbursement from the 
party paid. 

The amounts which are found by the Auditors to be due and 
payable, and their settlement of various accounts are held to be 
final and conclusive, but the person whose account has been 
settled or the executive department to which the accounts per- 
tains may, within a year, appeal to the Comptroller of the Treas- 
ury for a revision of the account. The Secretary of the Treasury 
may also, whenever he deems that the interests of the Govern- 
ment require it, suspend the payment of any account and direct 
its re-examination by the Comptroller. If the Comptroller certi- 
fies a difference from the result reached by the Auditor, the latter 
is required to state an account showing the difference to the 
division of bookkeeping and warrants or to the Postmaster 
General, in case the account relates to the postal funds. If a 
person accepts payment under the settlement of an Auditor he is 
precluded from seeking a revision of the account so far as the 
items for which payment is accepted are concerned. It is, how- 
ever, permissible to accept payment under certains items of 
an account, leaving other items suspended which upon settle- 
ment can be appealed to the Comptroller of the Treasury for 
revision, as if a portion of the amount due had not been received. 

The Auditors of the various departments are charged with the 



442 THE AMERICAN GOVERNMENT. 

superintendence of the recovery on all amounts certified by them to 
be due to the United States, performing this function under the 
direction of the Secretary of the Treasury, and the Auditor for the 
Post Office Department is authorized to collect all debts due to that 
department and all penalties and forfeitures imposed for any 
violations of the Postal Laws, including suits through the Solic- 
itor of the Treasury against sureties on the official bonds of 
former postmasters who have become indebted to the United 
States. 

THE COMPTROLLER OF THE TREASURY. 

The chief of the auditing system of the Treasury Department 
and the court of final resort in relation to the expenditures of 
the money of the United States is the Comptroller of the Treas- 
ury. He is appointed by the President by and with the advice 
and consent of the Senate and receives $5,500 a year. All books, 
papers, and other matters relating to the accounts of disbursing 
officers of executive departments and of independent commis- 
sions, boards and bureaus are at all times subject to inspection 
and examination by the Comptroller of the Treasury, as well as 
by the Auditor of the Treasury authorized to settle the accounts 
of such disbursing officers. The Comptroller, under the direction 
of the Secretary of the Treasury, prescribes the forms of keeping 
and rendering all public accounts except those relating to the 
Postal revenues and expenditures therefrom. It is made the 
duty of the Comptroller of the Treasury to revise the settlement 
of any accounts which have been settled by any of the Auditors 
of the Treasury when such settlements are appealed or are or- 
dered for re-examination. When an Auditor makes an original 
construction of the law under which any payment is made, such 
construction is subject to the approval, disapproval, or modifica- 
tion of the Comptroller, and the latter may, when he sees fit for 
the public interest, modify any construction of these laws pre- 
viously made. He is further required to certify to the Auditor 
in question his approval or change of a construction made, and 
in a matter affecting the transactions of all the Auditors to 
certify to all of them, in order that the procedure may be uniform 
in handling all accounts. 



THE AMERICAN GOVERNMENT. 443 

The foregoing provisions relate to accounts which have come 
to the Auditor for settlement. If, however, a disbursing officer, 
or the head of a department, is in doubt whether an expenditure 
is authorized by the law, he may apply to the Comptroller of the 
Treasury for an advance decision, stating the circumstances 
under which it is proposed to make the expenditure. A decision 
of the Comptroller when rendered governs the appropriate Au- 
ditor and the Comptroller himself in cases where such an advance 
application has been made when the account comes to the Treas- 
ury Department for payment. In the exercise of the foregoing 
powers and duties the Comptroller of the Treasury becomes one 
of the most important officials under the Federal Government. 
He is for all practical purposes the highest authority upon mat- 
ters relating to expenditures, for, although a claim disallowed 
by him may be taken to the Court of Claims, if the subject matter 
comes within the jurisdiction of that court, and thus ultimately 
come to the Supreme Court of the United States, this procedure 
is only taken when considerable amounts are at stake, and for 
the every day routine business of the department of the Comp- 
troller is the arbiter, and in this respect the superior, practically, 
of the heads of the departments themselves. 

As a matter of fact, the Comptroller in instances more or less 
numerous has interfered with a proposed action on the part of the 
President of the United States, and his decision secured in ad- 
vance, has had the effect of negativing an expressed executive 
purpose. Such a situation in a former Adminstration broughtt 
about the remark of a President that if he could not control the 
Comptroller, he could at least make a new one. Such a view on 
the part of the President would have more or less tendency to 
persuasive influence over an official otherwise in a position of 
much independence, so much in fact that it is the view that 
the Comptroller of the Treasury has equal authority in matters 
relating to the construction of statutes governing appropriations 
with the authority of the Attorney General in construing other 
statutes and propositions of law. Such a co-ordinate power is 
indicated by the alleged remark of a Comptroller that the opinion 
of an Attorney General on a matter relating to the construction 



444 THE AMERICAN GOVERNMENT. 

of an appropriation act was persuasive, but by no means con- 
clusive. 

That which can and can not be done with reference to the ex- 
penditures of the funds of the United States is contained in a 
series of volumes known as the Comptroller's decisions, and made 
up of that official's findings on matters which have been sub- 
mitted to him either in appeal from the Auditors, or as a result 
of advance requests for an opinion on matters relating to expen- 
ditures. The whole constitutes one of the bodies of administra- 
tive law which have developed around certain aspects of the Fed- 
eral Government, and which are the basis of departmental practice,, 
and of themselves are a by no means small field of legal study. 

Frequent complaint is made of the difficulty of getting claims 
through the Treasury Department. The' chief source of such 
complaint is in the lack of understanding on the part of claimants 
that their claims must be in the first instance properly prepared. 
There is no opportunity in the Government accounting for the 
tacit understanding and unwritten agreement which facilitates 
settlements of commercial accounts. Every account should be 
properly stated and accompanied by vouchers, which leave no 
room for question as to the authority for the expenditure, the 
accuracy of the price charged, and the propriety of the p^-yment 
of the amount named to the person claiming therefor. If these 
requirements have been looked after there is no reason, and there 
probably will be none experienced, for undue delay in securing 
the payment of a liquidated account from the Treasury. If, how- 
ever, any of these matters have been neglected, delays are in- 
evitable. It is usual when a new and not altogether certain 
expenditure is to be undertaken for the Comptroller to be con- 
sulted by some person in the department who enjoys that officer's 
confidence, and who is regarded with much favor and approval 
should he return with a favorable answer of the somewhat 
dreaded and much courted functionary of the Treasury Depart- 
ment. 

DIVISION OF BOOKKEEPING AND WARRANTS. 

One of the most important divisions of the Treasury Depart- 
ment, and one which is immediately attached to the auditing and 



THE AMERICAN GOVERNMENT. 445 

comptrolling service is that of bookkeeping and warrants. The 
result of the work of the Auditors as checked and revised by the 
Comptroller are certified to this division by which the appropriate 
entries are made in the accounts of the various disbursing officers. 
All advances which have been made to such officers have been 
charged against the appropriation under which the advances 
have been made, and the sums allowed by the auditing officers 
are credited to the disbursing officer, and form a basis for fur- 
ther advances. No additional advances can be made to a dis- 
bursing officer whose accounts are in arrears without the special 
application of the head of the department, and for excellent rea- 
sons. The sum expended, of course, remains charged against 
the appropriation, and only such further advances can be made 
as may be warranted by the balance remaining of the amount 
originally appropriated. The Division of Bookkeeping and War- 
rants is the source of information as to the condition of the 
various appropriations and receives the estimates made by the 
different departments of amounts which should be appropriated 
for the following fiscal year. The details of the accounting of the 
various appropriations are carried on chiefly within this particular 
division of the Treasury Department. 

It is the duty of each head of a department to send in before 
October 15th of each year a detailed statement of the amount of 
money which he deems is necessary for the proper conduct of his 
department for the fiscal year which begins on July ist, next fol- 
lowing. All increases proposed must be set forth in specific form 
giving the exact number of additional offices and the amount of addi- 
tional pay suggested. These estimates are prepared for printing and 
the summaries made by this division of the Treasury Department. 
Frequently the annual appropriations for given purposes are ex- 
hausted before the end of a fiscal year, and it becomes necessary 
to ask Congress for additional appropriations to be immediately 
available to carry on the work in the line for which the appropria- 
tion has been exhausted. Deficiency estimates are made through 
the Treasury Department as in the case of annual estimates, and 
there is generally at the beginning of every session of Congress 
an urgent deficiency bill to take care of matters immediately 



446 THE AMERICAN GOVERNMENT. 

urgent, together with a general deficiency bill at a later date, 
while the Sundry Civil Bill, generally passed during the last days 
of a Congress, takes care of a large number of miscellaneous 
items. All of the warrants for the payments of money from 
the United States Treasury are made up in the Division of Book- 
keeping and Warrants, which is also charged with making the 
statement of receipts and expenditures by which the annual cost 
of the Government in various lines, and its annual income may be 
ascertained and compared with similar figures for previous years. 
In the general amounts and particularly with reference to certain 
of the expenditures and receipts the comparison can be made with 
each year of the history of the United States so that the progress 
of governmental expenditures may be noted and a very material 
increase, not only in the amount of such expenditures, but in the 
variety of the national activities is thus shown. 

SUPERVISING ARCHITECT OF THE TREASURY. 

Although the United States spends large amounts of money 
annually for the rental of buildings instead of erecting depart- 
mental buildings of its own, it is quick to respond to the requests 
of residents of cities and towns throughout the country for 
Government owned quarters for the various Federal officers, 
especially for the Postal Service and as locations for United 
States courts. In every session of Congress a bill is passed 
appropriating money for the purpose of erecting Federal buildings 
at different points, although not in every session is a bill passed 
which provides for new propositions of this kind. It is usual 
in a general public buildings bill to authorize the acquirement of 
a site and the erection of a building, leaving the appropriations 
for the work of construction 'to later appropriation bills. The 
details relating to these buildings after they have been authorized 
by Congress are under the direction of the Supervising Architect 
of the Treasury. That official carries on negotiations regarding 
the selection of sites which is generally effected in accordance 
with the desire of the prominent men of the city or town to be 
favored, if such a site as is desired can be secured within the 
limit of the cost. The actual determination of the validity of the 



THE AMERICAN GOVERNMENT. 447 

title to the site is, however, made by the Department of Justice. 
The Supervising Architect of the Treasury also carries on the 
negotiations with respect to the cession of jurisdiction by the 
State over any site which may be secured. Under the terms of 
the Constitution, Congress may exercise exchisive jurisdiction 
over any portion of a State's territory which may be duly ceded, 
but in most instances the States are unwilUng to make an uncon- 
ditional cession of territory and require in return a stipulation 
that the legal processes of the State may run within the limits of 
the territory thus affected. The office of the Supervising Archi- 
tect of the Treasury has a general supervisory capacity rather 
than one of actual designing, except in cases where provision is 
made by law for the designing of buildings by the office of the 
Supervisor. '^In other cases this office arranges for the submission 
of plans in competition by outside architects, and also arranges 
the details of the letting of contracts and of the inspection work 
on the buildings as they are under construction. The Supervis- 
ing Architect has also the charge of all matters relating to the 
repair and maintenance of buildings under the Treasury Depart- 
ment which are not located in the District of Columbia, and has 
the charge and control of the heating apparatus and elevator equip- 
ment for all such buildings. This duty relates, however, only to 
the buildings and the fixtures attached thereto, the personnel for 
the care of the building and the furnishings and repairs, except 
safes and vaults, being under the direction of the Chief Clerk 
of the Treasury Department, who also has superintendence of a 
similar service with reference to the Treasury Department build- 
ings in Washington. All safes and vaults for public buildings 
in Washington and elsewhere are provided by the Supervising 
Architect of the Treasury, who directs the construction of sta- 
tionary safes and vaults, and supplies such portable safes as may 
be needed, looking after their renewal and maintenance as well. 
The Supervising Architect of the Treasury is also the consulting 
architectural and engineering official of the Government, his 
services being utilized from time to time by other departments 
having architectural and engineering matters to deal with which 



448 THE AMERICAN GOVERNMENT. 

do not come within the regular scope of the duties of the Super- 
vising Architect. 

The duties of the Chief Clerk of the Treasury Department, 
heretofore referred to, are more in the line of a general custodian 
and superintendent of buildings than are those of any other Chief 
Clerk in Washington. While he has charge of the distribution of 
the mail of the Treasury Department and also of the custody of 
the records and files of the Secretary's office proper, the large 
proportion of his duties relates to the care of buildings of the 
United States and the administration of the forces of custodians, 
Janitors, watchmen and other attendants. He directs the oper- 
ations of a large number of persons who are located at points all 
over the United States, and also has the superintendence of the 
details relating to the supplying of large quantities of materials 
appropriate to the care and maintenance of buildings. It is, 
perhaps, another example of the divided responsibility frequently 
encountered in connection with governmental affairs and it re- 
sults that the custodian and men immediately employed in the 
care and maintenance of a public building cannot requisition for 
repairs to heating and hoisting plants to the same source from 
which the supplies come, but must await the arrival and report 
of one of the inspectors of the Supervising Architect's office be- 
fore other than immediately necessary and emergency repairs 
can be made. 



THE AMERICAN GOVERNMENT. 449 



CHAPTER X. 

WAR DEPARTMENT. 

Some of the most difficult and preplexing problems of govern- 
ment are those relating to the administration of military affairs. 
This includes not only land military forces, but those which 
operate upon the sea as well. While it seems entirely feasible and 
practicable to administer affairs relating to the duties of highly 
trained technical specialists in other lines than that of warfare, 
under the direction of persons who are themselves not so tech- 
nically trained, but who have general knowledge of and capability 
for administrative matters, there is, on the part of those who have 
a military training, a disposition to deny that others than those 
who have been so trained can administer a department of war or 
of the navy. For this reason there appears in the two depart- 
ments of the Federal Government which have to do with the 
military service some such a condition as when a river makes a 
conjunction with another river holding far more or far less a 
proportion of solid matter in suspension in the water. The two 
flow on in one channel and perform identical functions, but 
with the difference noticeably apparent in the color of the water. 
There is this difference, however, in this comparison to the civilian 
and military sides of the War and Navy Department, that there 
is no ultimate merger, and that the two go on together without 
at any time losing their distinct and differing characteristics. 

The old school of military science made a sharp division be- 
tween the actual fighting man and the person who provided the 
arms and ammunition, the provision and the clothing of the soldier. 
Such a division was maintained in the Army of the United States 
until 1903. Previous to that time the bureau system was in effect 
in the War Department, and the departmental organization con- 
sisted, on the one hand, of the Secretary, who had under his im- 
mediate direction several more or less independent bureaus 
charged with the provision of the material for the army, and on 



450 THE AMERICAN GOVERNMENT. 

the other hand a military organization proper, whose head, a 
Major General or Lieutenant General of the army, as the case 
might be, directed its movements and its discipline almost inde- 
pendently of the Secretary of War, and sometimes, if not in actual 
defiance of him, in a considerable state of friction as to carrying 
out his directions. 

The opposite theory of military science to that which has just 
been described was developed by the Prussians as a preliminary 
to the Franco-Prussian war, and owes its perfection of detail to 
Von Moltke, and comprehends an equal interest by fighting 
officers in battle tactics and rations, in the use of arms and the 
providing of munitions of war. 

It was only after the Spanish-American war found the Army 
of the United States illy prepared for the great expansion neces- 
saary for field operations on the modern scale that serious thought 
began to be given to a reorganization of the plan of military 
supervision by the War Department. Stimulus was given to 
the agitation for this reorganization by the difference of opinion 
and attitude between the then Secretary of War and the head 
of the military branch of the army, and the result is the present 
general stafif system which has materially changed not only the 
organization of the army itself, but the operations of the War 
Department as an administrative organization as well. 

As suggested in the paragraph on the duties of the Secretary 
of War, the War Department executes many and differing func- 
tions, not a few of which have but little relation to the business 
of making war itself, but its principal as well as its titular func- 
tions relate to the administration of the Army of the United 
States. This army consists of a force of a hundred thousand men 
wholly under the control of the War Department and of the 
Militia of the United States, that is to say, the National Guard 
and other organized military forces of the different States who 
are subject to call by the President when their services are 
needed. The demand upon the organization of the army includes 
not only the training of the men actually in the service and their 
maintenance in a condition of efficiency, but it includes the re- 
quirement that the standing army shall be so organized and the 



THE AMERICAN GOVERNMENT. 451 

military provisions shall be so arranged that when the militia, or 
remaining portion of the Army of the United States is called into 
being there shall be the necessary equipment and arrangement for 
handling the increased force as a portion of the whole. It was in 
this respect that the regular army failed at the time of the 
Spanish-American war, and it is the chief duty of the general 
staff corps around which the organization of the army at the 
present time is assembled so to adjust matters that the army may 
be mobilized without disorganization. 

The organization of the War Department consists first of the 
civilian directive officials, namely, the Secretary, Assistant Sec- 
retary, with the Chief Clerk and the various bureaus of cor- 
respondence, records and files, pertaining especially to the busi- 
ness of the department proper. To this is attached one aspect 
of the duties of the Judge Advocate General, namely, those which 
relate to civilian law questions. This organization carries out 
the directive functions of the Secretary of War, but it is by no 
means easy to describe the delicate gradation of his authority 
with respect to the Army of the United States. Undoubtedly in 
theory and, in fact, as far as he may care to exercise it, he has 
the power to direct all things relative to the land forces. In 
practice, however, and in view of the responsibility that is im- 
posed upon the chief of staff by reason of the provisions of law 
which place certain duties upon him, and which provide for the 
direct communication of the chief of staff with the President, 
there seems to be no doubt that the actual connection of the Sec- 
retary of War with military affairs is minimized, and restricted 
to broad questions of policy instead of being applied to a large 
variety of questions of intimate detail as was the fact under the 
previous system, and as is still the fact with regard to the rela- 
tion of secretaries of civilian departments to the branches of the 
public service confided to their direction. 

The chief of staff of the Army of the United States is at the 
head of general staff corps composed of officers of the line of the 
army who are selected under Presidential regulations. He must 
be of not below the grade of Brigadier General, and is assisted 
by two general officers who are also selected and detailed by the 



45.2 THE AMERICAN GOVERNMENT. 

President. The chief of the Coast Artillery is also a member of 
the general staff, and there are added four Colonels, six Lieu- 
tenant Colonels and twelve Majors and twenty other officers, 
selected from the grade of Captain and Lieutenants, and who have 
during the period of their service on the general staff the rank 
and pay and allowances of Captains mounted. All of the officers, 
except those directly selected by the President, are selected 
in accordance with rules prescribed by the President and officers 
so assigned serve for a period of four years, when they must re- 
turn to their own branches of the service and cannot serve on the 
general staff again until they have had two years of service in the 
branch of the army in which they were commissioned. An ex- 
ception is made, however, that they may be reassigned to the 
staff corps in case of war without having had such service with 
their troops. 

The duties of the general staff corps are to prepare plans for the 
national defence, and for the mobilization of the military forces 
in time of war. That is to say, to arrange matters so that upon 
the sudden increase in size of the Army of the United States due 
to the accession of the militia, it will be possible to make the 
whole, within a reasonable time, into a fighting machine properly 
organized and equipped by means of the use of the standing 
army as a skeleton upon which the larger organization can be 
rounded out. 

Under the old organization of the army the various bureaus 
having to do with the provision of the mere material were inde- 
pendent of the line and were reached by it only through the Sec- 
retary's office. The idea of the general staff was, as much as any- 
thing else, to put an end to this condition of affairs, and the gen- 
eral staff is given by law supervisory duties in all matters per- 
taining to the administration not only of the military establish- 
ment but of the Inspector General's, Judge Advocate's, Quarter- 
master's, Subsistence, Medical, Pay and Ordnance departments 
as well as the Corps of Engineers and the Signal Corps. Thus 
the different departments continue with the technical work which 
has previously been assigned to them, and the staff organization 
continues practically as before, except that a system of detail 



THE AMERICAN GOVERNMENT. 453 

from and to line duties is supplemented for the close detail and 
promotion within the separate corps as formerly, but all the 
operations are directed and the works co-ordinated by a superior 
supervisory body. The general staff has the responsibility of the 
preparation of the policies and plans which the departments are 
to carry out and the power to see that the departments regulate 
their operation so that the plans of the general staff shall not be 
negatived by failure on the part of any department to accomplish 
its portion of the entire plan laid down. 

The regular army of the United States consists of fifteen reg;- 
ments of cavalry, a corps of artillery and thirty regiments of in- 
fantry. For the command of these forces there are provided six 
Major Generals, one of whom is assigned to duty in charge of 
each of the grand military divisions of the country within which 
he directs the operation and administration of the troops subject 
to the orders received from Washington. In the peace arrange- 
ment of the army two regiments of infantry or cavalry constitute 
a brigade, and is the command of a Brigadier General who is an 
officer selected for that grade by the President by selection. 
Major Generals are appointed from the list of Brigadier Generals 
by the President, and to some extent in accordance with the 
rank of the officers, arranged according to their seniority in the 
service after they have become Brigadier Generals and command 
divisions of two brigades each. Provision is made in time of war, 
or when war is imminent for the extension of the foregoing 
organization into divisions in which brigade is to be composed of 
three or four regiments, and each division of three brigades. 
When three divisions are assembled in the same army, the Presi- 
dent is authorized to organize them into an army corps. The 
position of Lieutenant General is usually established to dis- 
tinguished the chief commanding officer of an army of the United 
States in the field or who has had conspicuous active service. 

The artillery of the Army of the United States is divided into 
Coast Artillery and Field Artillery. The former has charge of 
the permanently located fortifications and the armament attached 
thereto, together with submarine mines and torpedo defenses. 
The field artillery accompanies the army in the field, and includes 



454 THE AMERICAN GOVERNMENT. 

light artillery, horse artillery, which is light artillery in which 
all the men are mounted on horses, and which is more mobile 
than the light artillery in which the men other than the drivers 
ride upon the limbers of the guns; the siege artillery consisting 
of trains of heavy guns which are still movable, and the mountain 
artillery which is equipped with light pieces which may be readily 
dismounted and carried by pack animals. 

The coast artillery is in charge of the series of defenses which 
were planned by a board specially constituted for the purpose 
aad known as the Endicott Board. It is separate in organization 
from the field artillery and is organized in companies under a 
Chief of Coast Artillery with rank of a Brigadier General. The 
Chief of the Coast Artillery is appointed by the President by and 
with the advice and consent of the Senate, and serves for four 
years, but may be reappointed. The equipment under the charge 
of the coast artillery includes a large amount of highly developed 
machinery besides many instruments of precision. The fortifica- 
tions which coast artillerists man are situated at the approaches 
to the principal seaports of the country and to the capital of the 
United States, and for the most part consist of earthworks and 
emplacements which are not visible from the usual approaches, 
and which are carefully guarded from visitors. All of the water 
space within the range of these forts is carefully plotted out and 
the ranges calculated so that the practice with the great guns is 
carried on entirely with mathematical formulas, it being almost 
certain that a vessel which should come within the limits of a 
given square would be struck by one of the projectiles from the 
twelve-inch guns, provided, of course, those charged with the 
operation of the material did not become nervous and make a 
mistake in their figures before discharging the piece. In order to 
enforce the passage of hostile vessels, if they pass at all, along 
certain channels and under the conditions best suited to the 
operation of the guns of the fort, large areas of the water front 
are marked out in mines and torpedo fields, cables being prepared 
so that mines covering these fields may be quickly laid by a fleet 
of specially equipped vessels under the direction of the coast 
artillery, and such mines being electrically connected with an 



THE AMERICAN GOVERNMENT. 455 

observing station included in the fort, can either be fired at 
will or in certain instances be fired by the contact of the vessel 
with the apparatus of the mine. The development of the equip- 
ment of the coast artillery stations has become so highly tech- 
nical and the duties demanded are of such an exacting nature 
that complaints have been made for several years that it is im- 
possible to maintain the personnel of the artillery at the legal 
strength. In many cases the posts are isolated and the company 
formation offers little attraction as compared with larger bodies 
of troops, so that with the considerable amount of work required 
of the men stationed at the different posts, it has become difficult 
to retain good men, and almost impossible to recruit the coast 
artillery up to its required strength. In fact the discouragement 
with regard to this branch has become so material that proposi- 
tions have been made to turn the force over to the navy for oper- 
ation. 

The training and discipline of the army is carried on under the 
propositions of the general staff which are made effective by the 
order of the Secretary of War, and which are transmitted to the 
commanding officers of the different military divisions for their 
guidance and instruction. These relate to the administration of 
the personnel only, the provision and distribution of the materials 
of war and of the subsistence and clothing of the troops being 
administered by various staff departments, although always under 
the supervision of the general staff. Staff organization under the 
general staff consists of the departments previously named each 
of which has a permanent organization, but in addition thereto 
line officers may be assigned to perform the duties under the dif- 
ferent departments when serving with troops, such assignment 
being independent of or in addition to the actual handling of the 
troops as the case may be. 

The Adjutant General's department has charge of the duties 
appropriate to the office of Adjutant, namely, of promulgating 
and certifying all orders originating from the commanding officer, 
whether the officer in command at Washington, the officer in 
command of a military division, or the officer in command of a 
post. That is to say, each subdivision of the army has a similar 



456 THE AMERICAN GOVERNMENT. 

staff organization to that which obtains in the department -in 
Washington. An officer either of the staff organization or a line 
officer performs the duties which are generally assigned to a par- 
ticular department of the staff, the difference being that of the 
rank of the officer which is adjusted in accordance with 
the importance of his duties. Thus Washington has the 
title of Major General while the Adjutant General of a military- 
division would be of a correspondingly lower grade, and so on 
down to the Adjutant of a smaller post, who would be a sub- 
ordinate officer of the line assigned to perform the duties in con- 
nection with his other work. The permanent staff establishment 
in any department maintains the staff organization and sets the 
pace, so to speak, for the line officers detailed to perform similar 
work. In order to provide separate officers for various branches 
of staff work throughout the organization of the army, it would, 
of course, be necessary to increase the number of staff officers 
materially with assignments that in many cases would carry with 
them a minimum of duty to be performed. By assigning officers 
of the line to these duties their performance is secured in connec- 
tion with the regular duties of the officers assigned, leaving the 
members of the permanent staff establishment free to perform 
duties at the more important points, and to perfect the system of 
administration of that particular branch. SomxCthing of a similar na- 
ture is in effect with regard to the general staff. Besides the duties 
of the officers attached to this staff, and which are performed in 
Washington, general staff officers are assigned to divisions and prom- 
inent posts, for the purpose of .assisting in co-ordinating in the 
staff work generally, as well as for the purpose of reporting to the 
general staff at Washington on such matters as may come under 
their observation which will tend to the general improvement of 
the efficiency of the service. Besides the work of the Adjutant 
General's department of the staff in promulgating orders, that 
branch is charged with collecting and arranging the records of; 
the army as to the daily strength, performance of duties, and 
other details. The personnel provided for the administration of 
the different staff departments usually consists of a head of the 
department, who is of the rank of Brigadier General, and assist- 



THE AMERICAN GOVERNMENT. 457 

ants of the rank of Colonel, Lieutenant Colonel and Major, respec- 
tively. The line officers detailed perform the staff duties, being 
of lower rank generally than Major. 

The Inspector General's department is charged with the gen- 
eral inspection of all branches of the active military service, in- 
cluding the appearance and efficiency of troops, the character of 
the material furnished, and the condition of barracks and posts, 
as well as with the inspection of all the accounts of officers, in- 
cluding the clothing and property accounts. Officers in charge 
of the troops are charged with the amount of public property 
issued to them, and must, upon inspection, show the proper num- 
ber of arms in good condition or legal excuses for their absence 
and their books must develop the proper balance between the 
clothing and other supplies on hand and the amounts which have 
been issued as shown by the receipts of the soldiers and others, 
and by appropriate vouchers. The affairs of each subdivision of 
the army require the keeping of sets of books in which the respon- 
sible officers are charged with the government's property re- 
ceived, and credited with the issues made to the men, and with 
the amounts of government property on hand at the time of any 
inventory or taking of a balance. If discrepancies appear that 
cannot be cleared up by means of boards of survey or other ad- 
ministrative proceedings established by law, the value of the 
missing article is checked against the pay of the responsible 
officer, and he is compelled to make good the loss. In case, how- 
ever, of considerable losses showing negligence or actual embez- 
zlement of public property, or of the funds which have accrued 
to a company's credit, an officer is subject to court martial with 
consequent punishment on conviction either of suspension, dis- 
missal from the army or of imprisonment in flagrant cases. In 
addition to the regular establishment of Inspectors General, offi- 
cers of the line may be detailed to perform inspection work, and 
officers performing the duties of Adjutant General when required 
must in addition to their own duties perform the duties of Inspec- 
tors General. 

The Judge Advocate General's department, in addition to per- 
forming the services of a civilian legal bureau for the Secretary 



45.8 THE AMERICAN GOVERNMENT. 

of War, is at the head of all the processes of military justice. 
The officers of this department appear in the character of mili- 
tary advocates at court martials and those of the higher grades 
are charged with the review, subject to the approval of the Sec- 
retary of War or of the head of the geographical department, as 
the case may be, of the results of such court martials, give opin- 
ions on all questions of military law presented to them including 
matters relating to the rank and pay of the officers of the line and 
staff. Provision is made for the appointment to the corps of 
Judge Advocates of persons who have served as Judge Advocates 
in the volunteer service, or of persons from civil life who are not 
over thirty-five years of age, and who can pass a satisfactory 
examination. In case the regular establishment of the staff does 
not provide a sufficient number of Judge Advocates so that one 
may be assigned to each of the geographical divisions of the 
army, acting Judge Advocates may be appointed by detail from 
the line of the army of the grade of Captain or First Lieutenant, 
who have while serving in such capacity, the rank, pay and allow- 
ances of a Captain mounted. An officer so detailed, however, 
can only serve for periods of four years, when he must be re- 
turned to the arm of the service in which he was commissioned. 
Permanent appointments to the staff of Judge Advocate 
may also be made from the line, as in the case of other staff de- 
partments, officers who desire, may, upon the occurrence of a 
vacancy in any staff, seek an appointment, which constitutes a 
permanent transfer from their line duties and they are merged 
with the staff department. This has usually been sought be- 
cause the transfer from the line to the staff brings with it an 
immediate increase in rank and pay, although as it takes the 
officer from the line of promotion in the branch in which he has 
been serving, it also means that his subsequent promotion will 
be slower, and that he may not attain as high a rank as he other- 
wise would. 

The office of a military Judge Advocate is not only that of a 
prosecuting attorney before a court martial commission or other 
military tribunal, but he is, as well, required to see that the rights 
of the defense shall not be ignored and is further charged with 



THE AMERICAN GOVERNMENT. 459 

promoting, so far as he is able, the regularity and legality of 
the procedure of the court. While Judge Advocates assigned to 
military divisions, review the proceedings of court martials which 
are immediately under the jurisdiction of the commander of that 
division, supervision of the entire course of military justice is 
vested in the Judge Advocate General and all Judge Advocates 
perform their duties under his general direction. 

One of the most important of the staff departments is that of 
the Quartermaster, superintended by the Quartermaster Gen- 
eral, and including in its personnel besides this officer six 
Assistant Quartermaster Generals with the rank of Colonel, nine 
Deputy Quartermaster Generals with the rank of Lieutenant 
Colonel, twenty Quartermasters with the rank of Major and 
sixty Quartermasters with the rank of Captain. In addition to 
this force line officers serving with troops act as Quartermasters, 
and there are provided for service at the different posts two hun- 
dred Quartermaster Sergeants who are selected by examination 
from competent enlisted men who have served at least four years, 
and who take charge of the public property at the posts and act 
as clerks and assistants to Quartermasters. One of the chief of 
the duties of the Quartermaster's department is to provide trans- 
portation for the army. This includes not only transportation in 
the field by means of horse and wagon and pack trains, but also 
transportation by railroads and steamships in the United States 
and to and from the foreign possessions of the United States for 
all officers and men of the army and for all goods and munitions 
of war intended for the army use. Contracts are made by the 
Quartermaster's department for the travel of officers and men, 
and also for the transportation of freight. In this connection 
the Quartermaster's department of the army is the principal 
means by which the United States collects from the bond aided 
and land grant railroads of the West the return from the assist- 
ance which was given in the construction of those railroads. 
Under the terms of the grant of bonds and land the railroads 
were to convey the property and servants of the United States 
either without charge or at half rates. In order that these 
<ieductions may not be neglected by the departments, and as a 



46o THE AMERICAN GOVERNMENT. 

matter of convenience in taking advantage of the organization of 
the Quartermaster's department for the shipment of goods, most 
of the freight shipped by the various executive departments is 
delivered to the Quartermasters of the army, and by them for- 
warded under the general arrangements made with the railroads. 
The activities of the Quartermaster's department are more gen- 
eral and more important than those of any other department of 
material. It is required to purchase and distribute all military 
stores and supplies which other corps are not directed by law to 
provide, and also to pay for all incidental services not under other 
corps. 

The provision made by the Quartermaster's department in- 
cludes, therefore, the clothing and equipage meaning the articles 
of horse equipment and of the soldiers' equipment not provided 
by the bureau of ordnance. All horses used and wagons with 
the forage for the animals are purchased and maintained by the 
Quartermaster's department, which also has under its charge 
the transport service to the Philippines, and would have in time 
of war the responsibility of moving the army, whether in the 
field within the United States, except so far as the army should 
march, in which case the Quartermaster's department furnishes 
the wagon service, or if sent out of the United States would 
provide and equip the fleets necessary for the movement of the 
troops. The Quartermaster's department also provides the cloth- 
ing and equippage for the militia, and stationery and miscel- 
laneous stores and property for the army. It has charge of the 
buildings, wharves, roads and bridges at the military posts, con- 
structs them when ordered, and makes the necessary repairs and 
furnishes water and lighting apparatus for such posts. The 
Quartermaster's department also pays guides, spies and interpreters 
for the army. 

By national legislation certain tracts of land throughout the 
country, chiefly in the Southern States, and including the prop- 
erty at Arlington, formerly the home of General Lee, have been 
acquired, because such tracts were the burials places of consid- 
erable numbers of Union soldiers during the Civil War, These 
properties have been constituted national cemeteries, and are 



THE AMERICAN GOVERNMENT. 461 

under the direction of the Quartermaster General of the army. 
A superintendent is appointed for each cemetery, and arrange- 
ments have been made for the perpetual maintenance of these 
burial places at the pubHc expense. Provision is also made by 
law for furnishing a headstone in case of the death of a soldier of 
the Civil War under certain conditions, and arrangements for 
supplying these headstones are under the direction of the 
Quartermaster General of the army. 

When detachments of seamen or marines are under orders to 
act on shore the Quartermaster General of the army is required 
by law to furnish them with such camp equipage and transporta- 
tion as would be furnished to troops of the army operating under 
similar conditions. The officer in command of such a detach- 
ment and his aides, are furnished by the Quartermaster General 
with the necessary horses, accoutrements and forage. 

The Pacific transports of the War Department, under the 
Quartermaster's department, constitute the remainder of the 
considerable number of transports purchased or chartered during 
the Spanish-American War. A monthly service is maintained to 
the Philippines, touching at Honolulu and the officers and men of 
the army are transported between the United States and insular 
possessions. The families of the personnel of the army are also 
transported in the order in which application is made for accom- 
modations, and officers of the navy and their families are given 
accommodation when possible. A special enactment of Con- 
gress restricts the use of such transports to persons entitled to 
transportation by reason of connection with the military service. 
Supplies for forces in the Philippines and for the Civil Govern- 
ment are sent by transport when possible. Considerable com- 
plaint has been made in times past of the competition of this 
service with privately owned lines, but the Government has not 
yet been able to undertake a different arrangement for transporta- 
tion to the Philippines. Each transport is under the command of 
a Quartermaster, although the actual navigation is in charge of 
civilians. 

The work of the Subsistence department of the army refers 
only to the supplying of the food for the troops and the conduct 



462 THE AMERICAN GOVERNMENT. 

of the post commissaries or stores at which the officers and men 
can purchase various supplies not provided by the Government 
and at cost prices. It is the duty of the Subsistence department 
to purchase and issue to the army such supplies as enter into the 
composition of the ration. In addition the Subsistence depart- 
ment purchases a large variety of commodities which are kept 
at the stores at the different posts and which are sold to the offi- 
cers and men either on credit or for cash at the cost price to the 
Government. The Subsistence department has general super- 
vision as well as over all the accounts relating to these two items, 
and makes the administrative examinations of all accounts for 
subsistence supplies preliminary to their settlement by the ac- 
counting officers of the Treasury. 

The Medical department of the staff of the army has control 
of all matters relating to the health and sanitation of the per- 
sonnel. Surgeon General, who has the rank of Brigadier General, 
is assisted by nine Assistant Surgeon Generals with the rank of 
Colonel, twelve Deputy Surgeon Generals with the rank of 
Lieutenant Colonel, sixty surgeons with the rank of Major and two 
hundred and forty assistant surgeons with the rank of Captain or 
First Lieutenant, mounted, with a Hospital Corps and a Nurse 
Corps. Officers of the Medical department take rank and pre- 
cedence in accordance with the date of their commission, but are 
not entitled to command in the line of other staff corps although 
having command in accordance with their rank in their own 
corps. The Surgeon General has charge of the disbursement of 
the appropriation for the Medical Corps, the designation of the 
stations of medical officers, and the issuing of all orders and in- 
structions relating to their professional duties. Officers of the 
Medical Corps, besides treating the sick and wounded of the 
army, are responsible for the sanitary conditions of posts and of 
camps in the field, and are charged with the medical examination 
of applicants for enlistment, candidates for appointment to com- 
missions, and with conducting the necessary medical examination 
in connection with promotions and retirements. The selection 
and distribution of the medical supplies for the army are under 
the immediate direction of the Surgeon General, who has also 



THE AMERICAN GOVERNMENT. 463 

under his direct control the Army Medical Museum in Washing- 
ton and the general hospitals of the army. Post hospitals are 
under the command of the senior medical officer present, subject 
to the control of the commander of the post, but under the gen- 
eral supervision and direction of the Surgeon General. The Sur- 
geon General is empowered, with the approval of the Secretary of 
War, to appoint as many contract surgeons as may be necessary. 
The maximum compensation of a contract surgeon is $150 per 
month, and he is employed for a term of years under regulations 
established by the Surgeon General. He is wholly a civilian 
officer in that he has no right of promotion or retirement, but 
when he is in charge of a hospital he has command of the com- 
missioned officers by virtue of a special provision of law. Dental 
surgeons, not to exceed thirty-one in number are also appointed 
under the same terms as contract surgeons. 

Entrance to the Medical Corps can only be secured upon the 
approval of an army medical board, which conducts an examina- 
tion of the candidates. The board must consist of not less than 
three surgeons or assistant surgeons, as designated by the Sec- 
retary of War. No person can be promoted to be Surgeon unless 
he has served at least five years as an Assistant Surgeon in the 
regular army, and shall have been examined and approved by a 
similar board to that above described. Medical officers of the 
army and contract service surgeons are required, when prac- 
ticable, to attend the families of officers and soldiers free of 
charge. 

The members of the Medical Corps of the army are in charge 
of two enlisted forces, one male and one female, known as the 
Hospital Corps and the Nurse Corps, respectively. Three hundred 
Sergeants, first class, are provided and as many privates as may 
be necessary to make up the Hospital Corps and to carry on the 
duties of wardmaster, cook, nurses and attendants in hospitals, 
and stretcher bearers, litter bearers and ambulance attendants 
in the field. A school of instruction for the Hospital Corps, which 
in its organization is entirely military with additional duties in 
the special lines indicated, is located in Washington. Any en- 



464 THE AMERICAN GOVERNMENT. 

listed man of the other branches of the service may be transferred 
to the Hospital Corps. 

The Nurse Corps consists of one superintendent, appointed by 
the Secretary of War, who is a graduate of a hospital training 
school, and who holds her position at the will of the Secretary 
of War. Authority is also given for the employment of as many 
nurses as may be necessary for the active duties of the corps, 
all nurses being appointed and removed by the Surgeon General 
with the approval of the Secretary of War. They must be gradu- 
ates of hospital training schools and must pass a satisfactory 
examination. A number of reserve nurses, discretionary with the 
Secretary of War, may also be provided, but these nurses re- 
ceive no compensation except when they shall be assigned to 
active duty in case of an emergency. 

Members of the Medical Corps are expected to have a general 
oversight over the health and habits of the men of the command 
to which they are attached to see that the food supplied is proper 
in quantity and quality and to oversee generally the cooking for 
the men in order that the rations furnished shall not be prepared 
so as to injure the health of the men. Connected with this branch 
of the duty of the Medical Corps, brilliant work has been done 
during and since the Spanish-American War in connection with 
tropical diseases, the presence of portions of the Army of the 
United States in tropical countries making the study of means 
for the prevention and cure of such diseases, especially the duty 
of the members of the Medical Corps. More than one officer of 
this branch of the army has lost his life as a direct result of such 
researches and the additions to knowledge on these subjects in the 
past ten years have been greater than in the entire previous 
history of the world. 

The Pay department of the staff of the army, consisting of one 
Paymaster General with the rank of Brigadier General, three 
Assistant Paymaster Generals with the rank of Colonel, four 
Deputy Paymaster Generals with the rank of Lieutenant Colonel, 
twenty Paymasters with the rank of Major, and twenty-five Pay- 
masters with the rank of Captains, mounted, performs all the 



THE AMERICAN GOVERNMENT. 465 

duties relative to the payment of officers and men of the army, 
including the payment of the army in the field ; the payment of 
the latter including not only the regular troops, but all other 
troops in the service of the United States when the President 
directs the Pay department to undertake the payment of such 
additional troops. Pay officers assigned to the different divisions 
take up on their accounts the amounts due officers and men of 
different grades and rank, calculate the sums accruing to them on 
the grounds of longevity and allowances, make such ad- 
vances as may be permitted by law, and settle balances in cash, 
deducting such amounts as may be certified by other depart- 
ments or by the auditing officers of the Government as due to the 
United States from the person whose pay account is to be settled. 
Arrangements may be made by enlisted men to have a certain 
amount of their pay allotted so that it will be paid directly to 
beneficiaries other than themselves. The Pay department keeps 
a record of such allottment and arranges for the payment of the 
amounts accruing thereunder to the proper person. The Pay- 
master General of the army has immediate supervision of all the 
transactions of pay officers, arranges for the furnishing of funds 
to them to carry out their duties, and directs the preliminary 
examinations of their accounts. 

The Chief of Engineers of the army is at the head of an organi- 
zation which combines important military with important 
civilian duties. In his military capacity he is at the head of a 
separate branch of the service, which is organized in battalions 
of four companies each. The Chief of Engineers is appointed 
by selection by the President from the members of the Engineer 
Corps, Subordinate offices are filled by promotion within the corps 
according to seniority and vacancies in the lowest grade are filled 
by appointment from the Military Academy. The Corps of En- 
gineers is regarded as a portion of the line of the army and in 
order to secure an appointment as an Engineer it is necessary for 
a military cadet to have attained a certain rank in his studies at 
\Vest Point. The Chief of Engineers is authorized, with the 
approval of the Secretary of War, to regulate and determine the 
number, quality, form and dimensions of the necessary vehicles. 



466 THE AMERICAN GOVERNMENT. 

pontoons, tools and other supplies for the use of the men under 
his control. Engineers are not allowed to assume or to be ordered 
on any duty beyond the line of their immediate profession, ex- 
cept by special order of the President. The military duties of the 
Engineer Corps consist of training the enlisted men under their 
charge in the work of fortification, making pontoons and other 
bridges, and providing roads and other means for the progress of 
an army. Engineers in the field are required to make maps, 
determine locations, lay out and superintend the construction of 
fortifications and are also placed in charge of the work of plan- 
ning, designing and constructing permanent fortifications and 
works of defense whenever authorized by the Congress. Engi- 
neer officers engaged in the latter work and also in the civilian 
work of the department, are required to act as disbursing officers 
without further compensation than their pay. The most impor- 
tant part of the work of the Corps of Engineers refers to the 
improvement of rivers and harbors in the United States. Such 
improvements were among the earliest of the undertakings of the 
Federal Government for the general good and have been carried 
on on a large scale, involving the expenditure of hundreds of 
millions of dollars for which the Corps of Engineers have made 
preliminary plans and surveys, have prepared the completed 
plans and specifications and have supervised the construction 
under contract conditions. In connection with the work of this 
character on the Great Lakes, and for the purpose of so conduct- 
ing the improvements as to make them of the greatest general 
value a comprehensive survey of the lakes is maintained, the re- 
sults of which are used as sailing charts and directions by the 
navigators on the lakes. After several experiments had been 
made as to the methods of conducting the engineering work on 
the Panama Canal, it was finally placed in charge of Engineers 
of the army with most satisfactory results. 

The Ordnance department of the army has charge of all mat- 
ters relating to furnishing cannon, small arms and powder, and 
the Chief of the Department is in charge of important manu- 
facturing institutions, the arsenals at Springfield, Mass., Wa- 
tervliet, N. Y., and at Watertown, Mass. The duties of the de- 



THE AMERICAN GOVERNMENT. 467 

partment include the designing and manufacture of the rifles for 
the army and all matters relating to the care and custody, issu- 
ing and maintenance of the weapons for the enlisted force. Sim- 
ilar duties are performed with regard to the equipment of the 
artillery with guns, the Ordnance department being charged with 
the tests of various artillery devices proposed by officers of the 
army or by civilian inventors ; with the supervision of the manu- 
facturer of such types as may be adopted, and of the manufacture 
of the powder and projectiles therefor. A large portion of this 
provision is made by means of contracts for which the specifica- 
tions are prepared under the direction of the Chief of the Depart- 
ment, who has the rank of a Brigadier General and who is assisted 
by an Ordnance Corps, ranking from Colonel to First Lieutenant, 
and who constitute a separate division of the army within which 
promotions are made, being required by law that such promo- 
tions shall be made in order of seniority. This corps consists of 
highly trained specialists in the work of manufacturing munitions 
of war, and entrance to the lower grades is effected by detail of 
the younger officers of the army for four years of service fol- 
lowed by appointment to permanent positions of officers who 
qualify by special fitness. The organization of the arsenals 
under the direction of the department consists of one superin- 
tendent who is designated by the President from the officers of 
the Army, a master armorer who is appointed by the President, 
and such number of workmen as the duties to be performed shall 
require. The civilian Master Armorer, who has the direction of 
the work of the armories under the supervision of the military 
officer detailed as superintendent, receives $1,500 per year, and a 
force of clerks and inspectors is provided at the armory, the 
statutory salary being $800 except at Springfield, where $1,650 
are paid the clerks and the Master Armorer receives $1,000 a 
year additional as Master Machinist. All employes are excepted 
from jury duty and penalties are provided for the punishment 
of any person who entices a workman to leave his employment 
in such institution. A penalty of $20 is also provided for the 
punishment on any workman who refuses to perform his con- 
tract of labor in an armory or arsenal, or who wilfully breaks or 



468 THE AMERICAN GOVERNMENT. 

injures any of the property of the United States, such penalty 
being imposed for each offense. 

Inventions are frequently made by officers of the United States 
and by employes of the armory, and a provision is made that 
no money shall be paid for royalties for any such invention. As 
an auxiliary to the Ordnance department of the army there is a 
board of ordnance and fortification, consisting of the commanding 
general of the army, and an officer of engineers, an officer of ord- 
nance and an officer of artillery, together with one civilian mem- 
ber. This board is charged with considering all plans for fortifi- 
cation and the types of ordnance to be used in the army, and no 
person who is in any way interested in any such device can be a 
member of the board. 

The Department of Ordnance has under its control a proving 
ground at Sandy Hook, N. J., where new devices and guns built 
in accordance with approved plans are tested. A fund is placed 
at the disposal of the board on ordnance and fortification from 
which payments may be made to defray the expense of develop- 
ing new inventions in warfare and of building new types of guns 
and providing for their test. The scope of this appropriation is, 
however, comprehensive of anything which may be used in con- 
nection with defensive military work and a considerable allot- 
ment from the amount has been made in years past for the assist- 
ance of experimental work in aerial navigation. 

The inauguration of the board on ordnance and fortification 
was effected not only for the purpose of securing expert 
advice in such matters, but also to meet the criticisms that the 
Government was slow in adopting the ideas of private inventors 
for the improvements of means of warfare. While this criticism 
has not always been well founded, there is a not unnatural tend- 
ency on the part of military experts to regard with some in- 
credulity the claims of persons not specially known for their 
skill in the development of ordnance devices. It has been one of 
the most fertile as well as one of the most unprofitable fields of 
invention and in recent years, at least, complaints cannot be 
made of the lack of readiness of the War Department to take up 
and try new inventions. In one instance alone many thousands 



THE AMERICAN GOVERNMENT. 469 

of dollars were expended in tests with a type of gun which proved 
upon its final trial to have practically no value whatever as a 
weapon of warfare. 

The Signal Corps of the army formerly conducted the weather 
bureau service which was inaugurated, and, to a large extent, de- 
veloped under this corps. It became, however, too great a 
proposition for its administration as an adjunct to the military 
duties of the corps and was therefore diverted and assigned to the 
Department of Agriculture. The Signal Corps of the army, as 
at present organized, has wholly military duties, that is to say, is 
expected to conduct communication between the various divi- 
sions and subdivisions of the army in the field, and between the 
headquarters of the army and the War Department, and in time 
of peace to maintain telegraph lines to outlying posts of the army 
not easily communicated with by commercial means, which lines 
are also open to use by private persons under appropriate regula- 
tions. The means of signalling which are operated by the corps 
include the telegraph and telephone, either permanent or of tem- 
porary construction for field use, signalling by flags, the helio- 
graph, captive balloons and wireless telegraphy. At the moment 
especial attention is being paid to the development of balloon 
work by the corps, and, as is the case with all modern armies, 
experiments in the use of wireless telegraphy for military pur- 
poses form a prominent part of the work of the corps. 

The organization of the Signal Corps includes not only the 
usual commissioned personnel of a stafif corps, but an enlisted 
force as well based upon four hundred privates, the usual number 
of non-commissioned officers being provided. The privates of 
the Signal Corps are organized as infantry, but carry signal equip- 
ment, and are utilized in small detachments for the purpose of 
constructing means of communication and of carrying on the 
signalling work which requires expert knowledge of apparatus 
and codes utilized. 

There is in the War Department a staff bureau which is largely 
the result of the life work of one man. Something like twenty 
years ago an officer of the Medical Corps of the army was in 
charge of the section of the organization of the War Department 



470 THE AMERICAN GOVERNMENT. 

which related to the records of the officers and men, especially 
of the volunteer regiments which were engaged in the Civil War. 
The particular importance of the work of which he had charge 
related to the operation of the pension bureau. The pensions 
based upon army service are, of course, vastly the greater 
number of the whole number granted and the pension bureau 
was dependent upon the rolls and records of the War Department 
for iniormation as to the right of persons to receive payments 
under the pension laws of the United States. As this information 
was in a variety of forms, including returns which had been made 
to the War Department under varying conditions and circum- 
stances, the amount of work involved in developing from the 
original sources, the information needed was each year growing 
greater, so that a point had been reached where it was not pos- 
sible to utilize the services of a sufficient number of persons tO' 
keep up with the current work. In addition the original records 
from which the information was secured were worn, and in 
some cases were almost undecipherable. Under the direction 
of the present chief of the record and pension office, who has at 
the present time the title of the Adjutant General and the rank 
of Major General, all the entries in the original documents were 
transferred to cards and properly indexed, so that the search for 
information might be made from the cards without reference to the 
original records themselves. This work, at first, was carried on 
as a sub-bureau of the war department, but has gradually as- 
sumed considerable proportions and in connection with the re- 
organization of the army about the time of the passage of the 
general staff bill, the office was made one of general record and 
constituted as the machinery by which orders, instructions and regu- 
lations, issued by the Secretary of War through the Chief of Staff 
are authenticated and communicated to troops and individuals 
in the military service. Incidentally this provision exhibits the 
possibilities of the accumulation of Government business by a 
person who is active and zealous in the pursuit of responsibility 
and who cares to seek for lines of work which are not actually 
forced upon him, but which he can add to the activities under hia 
control without too great a strain on the logic of the situation. ' 



THE AMERICAN GOVERNMENT. 471 

The practical value of the constitution of The Adjutant Gen- 
eral's office, however, as a means of certification of orders and 
regulations to the troops is the certainty thus assured that all 
such orders and the appropriate replies are transmitted through 
a single bureau so that the proper records can be made of them. 
That is probably the real purpose and aim of the constitution of 
the Adjutant General's office as it now exists and any knowledge 
of the ease with which important records become diverted in 
the Government service will lead to the approval of the system 
of an inflexible requirement for recording official actions in the 
one central bureau. 

The Adjutant General prepares and distributes commissions to 
officers of the army and compiles and issues the army register 
and directory. The general returns of the army, being the state- 
ment made of the number of officers and men in each organiza- 
tion, are consolidated in this office, and the report of the officers 
detailed to inspect encampments of militia are filed therein, 
while the office is charged with preparing the annual returns in 
regard to the militia required by Congress. The recruiting 
service for the army is managed by the office of the Adjutant 
General, and matters relating to the commutation of imprison- 
ment of military prisoners come under this office. The main busi- 
ness of the office of the Adjutant General is the charge of the 
military and hospital records of the volunteer armies of the 
United States, and of all matters relating to pensions which 
come under the War Department. The archives of the Adjutant 
General's office which have, with the exception of one or two 
of the wars of the United States, been transferred from the 
original records and indexed, as before indicated, includes those 
of the Revolutionary War, the Mexican War, the Civil War, and 
the Spanish-American War and other differences in which the 
United States has been engaged. This includes not only the 
records of the men who were actually enrolled in the different 
organizations, but the medical and hospital records of the 
enlisted men and officers as well, and the record of the movement 
of troops, so that, upon a claim to the Pension office from an 
individual that he is, by reason of his service in a given organi- 



472 THE AMERICAN GOVERNMENT. 

zation, entitled to a certain class of pension, the Pension Office 
is able to check up his statement by ascertaining his membership 
in the organization indicated by his claim, together with a de- 
termination as to whether the services of such organization as 
he may be found to have belonged to entitle him to be enrolled 
on the list of those who are pensionable. Certain military or- 
ganizations which took some part in the Civil War have not 
been recognized in connection with the Pension list, while it is 
possible by means of other records to identify or check up a 
man's claim as to service should the claim have to be based, as 
it does in many cases, upon the statement of the applicant him- 
self or on the affidavit of others who claim his acquaintance 
during the Civil War. The medical and hospital records under 
the care of the Adjutant General are also valuable for the purpose 
' of determining whether the disability depended on by the appli- 
cant in his claim for pension could, as a matter of fact, have 
originated as an incident to military service. 

The Adjutant General also has charge of the historical records 
of the permanent military establishment, including jurisdiction, 
over all pay, bounty and other business dependent upon the mili- 
tary or medical history of former officers or enlisted men. All 
reports of the physical examinations of recruits and all identifica- 
tion cards of enlisted men are filed in the office of the Military 
Secretary, which has also been made the repository of records 
relating to the Civil War, including those of the provost marshal 
general's bureau, the records of the bureau of refugees, freed- 
man's and abandoned land bureaus, and the records of the Con- 
federate Government including those pertaining to the legisla- 
tive, executive and judicial branches. The total of the records 
under the control of the Military Secretary constitute a fund of 
historical material, especially of the period relating to the Civil 
War, and to the military operations of the United States, which 
is of inestimable value. These records have been brought to- 
gether with the utmost painstaking care, and provision is made 
for their permanent retention in form, in which they can be re- 
ferred to when reference is necessary. 

With these records as a basis the Government issued the official 



THE AMERICAN GOVERNMENT. 473; 

Record of the War of the Rebellion, a publication containing all 
the material documents necessary for a complete understand- 
ing of all the movements of the armies of both sides during the 
Civil War. A similar publication with reference to the Mexican 
and Revolutionary Wars is projected, and with the official records 
of the Union and Confederate navies, now being published by the 
Navy Department, would constitute a remarkable historical series. 

The history of the Adjutant General's office, as it is now con- 
stituted, is that of a curious bit of military legislation. Originally 
the Adjutant General was a sort of a military aid and adviser ta 
the Secretary of War and fought out the latter official's battles 
with the commanding general of the army. The Adjutant Gen- 
eral then had the current records of the army and the historical 
records, while the Chief of the Record and Pension Office had the 
volunteer records. When the Chief of Staff was constituted as 
the military adviser of the Secretary, it was pointed out that 
there should be some authenticating and recording power, and 
the institution of the office of Military Secretary was .=ecured, and 
the recording functions of the Adjutant General's office were 
combined with the Record and Pension office to make up the 
Department of the Military Secretary. The latter title, how- 
ever, did not continue in use long and was changed to that of 
Adjutant General, so that the net result has been a somewhat 
circuitous route by which the old Adjutant General's office was 
abolished, its functions combined with another division of the 
War Department, and then the whole re-constituted as an Ad- 
jutant General's department with, however, a strict adherence to 
the clerical duties of the function of Adjutant, leaving the mili- 
tary functions in the possession of the Chief of Staff. 

The Chief of the Bureau of Insular Affairs of the War Depart- 
.ment is a Colonel of the army assigned to this duty under the 
immediate direction of the Secretary of War, and supervises 
all matters pertaining to the civil government in the Philippine 
Islands. He also has supervision of matters relating to the 
temporary government established in 1906 in Cuba under the 
terms of Piatt amendment, and which, at the present writing, 
is administeringf the affairs of the island. 



474 THE AMERICAN GOVERNMENT. 

The establishment of the Bureau of Insular Affairs is due to the 
fact that the first government of the insular possessions of the 
United States was necessarily carried on by military ofhc^rs, the 
precedent being established by the military government of South- 
ern States during the Civil War. As the result of the operations 
of the Spanish-American War, Porto Rico, Cuba and the Philip- 
pines came under the direction of the Government of the United 
States, such direction being assumed during a time when military 
(Operations were still in effect. From the fact that a formal peace 
had not been arranged, the details of the direction of the Govern- 
ment had necessarily to be assumed by the Secretary of War. 
When civil government was substituted in the Philippines the 
Bureau of Insular Affairs was continued and largely due to the 
fact that an especially happy choice had been made in the officer 
selected for the head of the bureau, no serious complications have 
arisen in the supervision of the civilian government by the mili- 
tary authorities. The Bureau of Insular Affairs is the repository 
of all the civil records of the Philippines and of the former govern- 
ment of the occupation of Cuba which terminated in 1902, as well 
as the records of Porto Rico during the period in which the War 
Department exercised jurisdiction over that island. 

Besides furnishing information relative to these subjects the 
bureau prepares and arranges for publication documents in re- 
gard to the Philippines, and has in the past complied many nota- 
ble works covering the details of the natural conditions and the 
commercial possibilities of the islands. The bureau makes a 
comptroller's review of the receipts and expenditures of the 
Philippine government, and prepares statements of such accounts 
for presentation to Congress. It purchases supplies in the United 
States for the Philippine government and arranges for their ship- 
ment to Manila. The service in this connection includes a pre- 
liminary audit of the accounts before they are finally passed upon 
in the Philippines. The bureau also has charge of appointments 
in the United States to the Philippine Civil Service, including 
arrangements for the transportation of employees and their 
families, and gathers statistics of imports and exports, commerce 
and immigration, and prepares monthly summaries of the same. 



THE AMERICAN GOVERNMENT. 475 

In addition to the foregoing staff departments and bureaus 
there is a corps of chaplains in the army consisting of one for 
each regiment of cavalry and infantry, and twelve for the corps 
of artillery. No person can be appointed a chaplain in the regu- 
lar army who shall have passed the age of forty years, or until 
he shall have furnished proof that he is a regularly ordained minister 
of some religious denomination and in good standing at the time 
of his appointment. The recommendation for such appointment 
must come from some recognized ecclesiastical body, or from not 
less than five accredited ministers of such an organization. In 
addition to the foregoing requirements it is necessary that a 
chaplain shall pass such an examination as may be prescribed by 
the President. It is usual, however, to accept the certificate 
previously mentioned as a guarantee of the qualifications of the 
chaplain and to effect the appointment upon the physical ex- 
amination wholly. All chaplains are required to hold appropriate 
religious services at least once on each Sunday, and to perform 
the burial services at the funerals of officers and men. Chaplains 
of colored troops and chaplains assigned to duties at posts are 
required to instruct the enlisted men in the common branches of 
learning and education. Chaplains are in addition expected to 
take an interest not only in the moral but in the physical wel- 
fare of the men, and to promote their contentment and good 
condition in such ways as may be practicable, and commanding 
officers are required to afford chaplains such facilities as they 
may desire and may be proper for the performance of their 
duties. Chaplains have the rank of Captain of infantry without 
command and are on the same footing with other officers of the 
army as to tenure of office, retirement and pension. They are 
required to make monthly reports to the Department through 
the usual channels, of the moral condition of the command to 
which they are attached, and are also charged with the duty 
of noting and transmitting details relating to the general history 
of their commands. These reports are transmitted to the office of 
the Adjutant General and there assembled and form the founda- 
tion of the compilation which may be made as to historical de- 
tails affecting the different regiments and the army at large. 



476 THE AMERICAN GOVERNMENT. 

THE LINE OF THE ARMY. 

All of the activities which have previously been described are 
auxiliary to the operation of the army itself and make its continuance 
and maintenance possible. The actual administration of the army is,, 
however, under the direction of an organization which in many 
respects receives superior consideration to that afforded to the staff 
bureaus. That is to say legislation for the army generally has in 
view that the benefits received by the staff department, except as 
to their particular duties, are incidental and subsidiary to those which, 
are intended for the officers having direct command of the troops. 
It is required that the army of the United States shall be admin- 
istered according to the custom and discipline of war. Such custom 
and discipline forms the basis of the regulations for the control of 
the land forces of the United States and while the large proportion 
have been formulated and are included in the regulations of the 
Army of the United States, there is a large body of unwritten law 
and which is inculcated by the older soldiers on the younger,, 
and the possession of which constitutes the difference between a, 
military service and a civilian employment. The experience of all 
history in warfare is mirrored in some of the conditions and observ- 
ances of the Army of the United States even though military 
methods of the present day bear but little resemblance to 
those even of the armies of the earlier years of the United States. 

The basis of all successful military service is, of course, the dis- 
cipline which requires all persons to obey strictly and to execute 
promptly the lawful orders of their superiors. On the other hand,, 
the authority of the superior must be exercised with firmness, kind- 
ness, and judgment. Superiors are forbidden to injure those under 
their authority by tyrannical or capricious conduct or by abusive 
language. In addition to strict obedience, courtesy is required among 
military men as indispensable to discipline. In futherance of this 
quality, discussions among military men that convey praise or 
censure towards others are prohibited and all discussions of private 
and personal affairs of brother officers in public is forbidden to 
officers of the military services. There is, in addition, a prohibition 
against attempting to use personal influence for the promotion of 
legislation favorable to the officer, or to the end of securing special 



THE AMERICAN GOVERNMENT. 477 

favors with regard to promotion or assignment. This latter is 
especially known as "exercising pull." While the prohibition has 
generally been in effect, it has not always been heeded and a fruitful 
cause of differences and heart-burnings among military men is the 
suspicion that while some persons are prevented from using the 
influence derived from various sources in securing particular favors, 
other persons have evaded such prohibitions with results satisfactory 
to themselves. This is a complaint which is historical in military 
service, but it may be said to be less prevalent at the present time 
than in previous history. Frequent and drastic orders have been 
passed by the War Department against officers seeking to use such 
influence, and with some measure of success. 

The most cherished prerogatives of the line of the army are those 
of rank and precedence. These relate not only to the person, 
individually, but to the various arms of the service. The precedence 
of the different branches is as follows, and is observed in the assign- 
ment of troops to positions on occasions of ceremony. Infantry has 
the right of the line and the head of a column, followed by light 
artillery, and this arm by cavalry. When heavy artillery parades as 
infantry, it is posted as infantry, while dismounted cavalry and 
marines are posted on the left of the infantry, the right of the line 
and the head of the column being understood as the positions of 
honor. Engineer troops, which parade as infantry and the Signal 
Corps are both entitled to positions on the right of the line or at the 
head of the command to which they are attached, thus giving them 
the advantage over other arms of the service, this position, how- 
ever, being due to the nature of service performed which required 
them to go in advance of the strictly fighting branches. Regulars, 
volunteers and militia are posted in the order named, volunteers 
meaning bodies of the volunteer troops of the States or the militia 
which have been regularly enrolled in the Army of the United 
States. When large bodies of troops are to be reviewed, the com- 
manding general has discretion as to the assignment that may be 
made but this is generally exercised in making subdivisions in which 
the various classes are arranged as before stated. The command- 
ing general will, however, unless he is singularly callous to criticism 
be careful in his arrangement to ascertain the relative rank of the 



478 THE AMERICAN GOVERNMENT. 

officers in command of the different bodies of troops to be reviewed, 
so that an officer of the same grade with a senior commission shall 
not be subjected to the humiliation of following in parade an officer 
of the same grade who is his junior, or an officer of a junior grade. 

Military rank confers eligibility to exercise command or authority 
which is the particularly prized prerogative of the military person. 
It is therefore held to be an act of gross injustice to so assign a 
military officer that he is not able to exercise the command and 
authority to which he is entitled by his grade and by his position 
in that grade. 

At the present time the position of Lieutenant General having 
lapsed, the senior officer of the Army of the United States is the 
Major General holding the oldest commission. The command of a 
Major General is four regiments or a military department, and he 
has as a personal staff three aides taken from the Captains or Lieu- 
tenants of the army. A Major General has supreme command 
within his division or department and all orders relative to the affairs 
under his direction are forwarded through him, and all reports and 
communications from subordinate officers to the War Department 
must be also forwarded through the Major General. He directs all 
matters relative to the exercise, discipline and maintenance of the 
troops within his department, subject only to such special provisions 
as may have been made for the operation of the staff departments, 
although he is, as well, the supervising officer of such operations 
within the limits of his command and their immediate director. He 
is by no means independent in the matter and must not take such 
measures as would seriously interfere with the general plans which 
have been developed by a particular staff department and by the 
general staff in Washington with a view of creating a uniform 
administration of military affairs throughout the United States. A 
general officer in command of a department, however, is given 
considerable freedom as to recommendations and makes an annual 
report to the department, such report containing an expression of 
the officer's views, and sometimes a frank criticism of existing con- 
ditions. At the same time the officer in command will be careful 
not to allow his personal views to bring him into conflict with the 
department for the reason that he would have a difficulty in estab- 



THE AMERICAN GOVERNMENT. 479 

lishing the superiority of his own views as against those who have 
a general directive power. 

The appointment of the Major General is effected by selection 
from the officers of the army. Any officer, in the discretion of the 
President, may be appointed to such a position. The principle gener- 
ally approved by military men, is that promotion and selection should 
be made strictly in accordance with seniority. 

The Adjutant General's office of the War Department prepares each 
year a list of the officers of the army arranged in accordance with their 
grade and in the strict order of the dates of their commission. In 
case of a vacancy, it is the contention of those who favor promotion 
in accordance with seniority that the next man on the list should 
be promoted to the vacancy. Such a method of promotion is in 
effect, under the law up to and including the grade of colonel. When 
it comes to the appointment of a general officer, however, no re- 
striction is made in regard to the matter. It has been usual to 
take the Brigadier Generals from the list of Colonels and the Major 
Generals from the list of Brigadier Generals. The strictly military 
rule would be to take the senior Colonel for a vacancy among the 
Brigadier Generals and the senior Brigadier General for a vacancy 
in the list of Major Generals. It has sometimes appeared, however, 
that the senior officer was not the best fitted for the higher position 
and the rule of strict seniority either had to be ignored or evaded by 
the appointment of the senior Colonel or Brigadier General as the 
case might be and then his immediate retirement, the procedure being 
continued until an eligible officer was searched on the list. Provision 
for the selection of the general officers from the list without regard 
to seniority was made to overcome the difficulty which frequently 
existed that the senior officer selected did not share the views of 
others as to his ineligibility and could not be compulsorily retired and 
would not get out of the way by voluntary retirement. 

Those who favor selection of officers for promotion point out that 
by the operation of selection incentive would be given to officers to 
become as efficient as possible with the hope of attracting attention 
and thus securing promotion. On the other hand, the advocates 
of promotion by seniority argue that while there may be some 
defects in their system in the temporary service of an officer in a 



480 THE AMERICAN GOVERNMENT. 

grade higher than that for which he is fitted, this disadvantage is 
not so serious as the disorganization which would result from the 
selection of officers for promotion by reason of personal favoritism. 
It is argued that in a policy of general selection for promotion, the 
prohibition against the use of personal influence would work still 
farther to the disadvantage of some and to the advantage of others. 
Efforts have been made to secure legislation looking to a system of 
selection for promotion, but up to the present time have been un- 
successful as they have aroused a marked opposition on the part of 
the majority of the officers themselves. 

Previous to the passage of certain recent legislation, promotion 
in the different staff corps was strictly confined to such corps, with 
the result that there was a considerable degree of stagnation in the 
promotion of officers doing staff duty. By the selection of the rank- 
ing officers for promotion in the line the flow of promotion in the 
staff corps except those which are specifically prevented from having 
command of staff troops is stimulated and at the same time younger 
men have been secured for the heads of the staff departments. 

A Brigadier General performs similar duties to those performed 
by a Major General except that his commands are less important. 
His command of troops is two regiments and he may command a 
small department or a subdivision of a department. He is allowed 
two aides who are to be taken from the Lieutenants of the army. 
The grade of Brigadier General is conferred by brevet or by virtue 
of the office on officers who have independent assignments not con- 
nected with the command of troops but which require them to issue 
orders to other officers of the army, and the additional rank of 
Brigadier General is conferred upon them in order that there may be 
no question as to their authority and command in issuing such 
orders and directions. 

The regimental organization is headed by the Colonel who is in 
command of the regiment and directs all matters pertaining to its 
affairs. Colonels also command the more important posts and may 
have with them at such posts their entire regiments or a portion 
thereof. The Lieutenant Colonels are the under-studies of Colonels, 
taking their places in command of their regiments whenever the 
Colonels are incapacitated from service, and performing such other 



THE AMERICAN GOVERNMENT. 4B1 

duties as may be assigned to them by the head of the regiment. 
When a Colonel commanding a post has his full regiment present, 
the Lieutenant Colonel exercises functions not wholly different from 
those performed by the Vice-President of the United States outside 
of his duties as presiding officer of the Senate. When the regiment 
is divided, however, the smaller portion may be in command of the 
Lieutenant Colonel, or the latter may be on the detached duty and 
the subdivision commanded by a Major. The appropriate command 
of a Lieutenant Colonel is a battalion or squadron and the distinction 
between the two largely lies in the fact that the Lieutenant Colonel 
is generally assigned larger section numerically than a Major. 

Colonels, Lieutenant Colonels and Majors exercise their author- 
ity and command largely through the Captain of the Company 
who is the direct administrative officer in charge of the enlisted 
men. The former are called field officers and are mounted at all 
times. Captains of infantry and of troops organized as infantry 
are, however, compelled to march on foot unless they are on detached 
duty and assigned as Captains mounted. The Captain of a company 
is required not only to drill his men and to discipline them in the 
art of war, but is expected to oversee all the details relating to 
their shelter, clothing and food. He is in charge of the funds which 
accrue under the regulations and which are applied to the various 
purposes for the benefit of the enlisted men, and is held strictly 
responsible for the proper custody and expenditure of such funds. 
A captain may be in command of a small post, and when in such 
command has, in addition to his own duties, the general duties of 
field officers when post commanders. Under such circumstances, 
liowever, the more immediate duties of the Captain with regard to 
the company are assigned to the Lieutenants. 

' Among other duties of a commander of a post or other inde- 
pendent section of the army is that of supervising the arrangements 
of the post or company store at which goods are kept for sale to 
the officers and men at cost prices. This system places upon the 
officers the responsibility of a commercial enterprise which is fre- 
quently of considerable importance. In addition, under modern 
requirements of military science the commanding officer must pay 
much attention to the physical welfare of the men in the way of 



482 THE AMERICAN GOVERNMENT. 

seeing that they engage in sports and exercise, and is expected to 
make the condition of mihtary Hfe as homelike and comfortable as 
possible. At the present moment, it is found difficult to secure 
recruits for the army and to keep up the enlisted strength. Since 
the Spanish-American war, conditions at most of the army posts 
as to the comforts of living have been revolutionized. The old 
uncomfortable, and in many cases tumble-down quarters and bar- 
racks have been replaced by modern buildings and equipment of 
gymnasiums, reading rooms, and amusement halls has been pro- 
vided. At the same time, the utmost care has been exercised to 
procure the proper preparation of the rations of the army and the 
staff departments have been incessantly at work providing new 
and more comfortable clothing and equipment. On the military 
side, however, there has been an anxiety lest the army fall into the 
somnolent condition which was the fact before the Spanish- American 
war, and there has been a good deal of hard work undertaken in the 
military line, possibly more than could have been expected of the 
enlisted men. Frequently and forced marches with annual man- 
ceuvres under field conditions and a general expectation that the 
enlisted man should improve himself have commended themselves 
to those who have charge of the efficiency of the army and have 
undoubtedly improved the technique of the soldiers of the United 
States. The army lost a very considerable proportion of its veteran 
soldiers in the years immediately following the Spanish-American 
War and the recruits who came in at that time have been turned 
into very creditable and modern soldiers. But the army at the 
present time offers neither the excitement of the old Indian fighting 
life nor a surcease from the strenuous occupations of civilian exist- 
ence so that complaint is made that enlisted men cannot be secured, 
or if secured cannot be retained beyond the period of the first en- 
listment. For the purpose of making enlistments in the army more 
attractive it is now proposed to modify some of the requirements 
of drill and military work and also to relieve the soldiers from 
the pick and shovel work in the vicinity of the posts of which they 
have had to do a considerable amount owing to the necessity for 
grading the new roads in the different reservations where new 
construction has been undertaken. It is also proposed to increase 



THE AMERICAN GOVERNMENT. 483 

the pay of enlisted men materially and to add further to the com- 
fort of life in post and in camp. 

The First Lieutenant in the army is the executive officer of the 
company commander in exercising and caring for the troops. He may 
also be in command of a company in the absence of a Captain and has 
in general the direction of the first platoon or subdivision of the 
company, the immediate charge of the balance being given to the 
Second Lieutenant who is generally a recent graduate from the 
military academy or a recent appointee from civil life, especially 
under recent conditions of rather rapid promotions, and vi^ho is 
serving his apprenticeship in the military science. 

Next below and ranking with Second Lieutenant are the veter- 
inarians attached to the cavalry services and artillery. Two such 
officers are authorized for each regiment and receive the pay and 
allowances of Second Lieutenants mounted. In addition to these 
veterinarians civilian veterinarians to the animals of the army are 
provided for the Quartermaster's and other departments at salaries 
of not exceeding $100 a month. 

Appointments as Second Lieutenant in the line of the army are 
made from graduates of the military academy as long as there are 
any such who have been unassigned to duty. When there are more 
vacancies as Second Lieutenant than can be filled by appointment 
from graduates of the military academy, unmarried soldiers under 
30 years of age who are citizens of the United States and who 
are physically sound and who have served not less than two years 
in the army are permitted to take an examination under such cir- 
cumstances as the President may direct and if they pass the exami- 
nation may be commissioned as Second Lieutenants in the order of 
merit determined by the results of the examination. Provision is 
also made, and advantage has been taken of the provision, for the 
selection from civil life of persons who apparently have the quali- 
fications to make successful officers in the army and these are given 
examinations for appointment when there are vacancies to be filled 
which cannot be filled by the two methods described previously. A 
considerable number of officers of the army have secured entrance 
by appointment from civil life under these conditions. The greater 
number of such appointments having been made of persons wha 



484 THE AMERICAN GOVERNMENT. 

served in the volunteer army during the Spanish- American War and 
the operations which immediately succeeded it. 

Examinations for the promotion of the enlisted men to be com- 
missioned officers are carried on in two steps. A preliminary exam- 
ination is ordered by each department commander annually and 
enlisted men who after a rigid examination into their character, 
capacity and qualifications are certified as eligible for examination, 
are sent up for a final competitive examination by a board of 
five officers convened at the War Department in Washington at 
the fall of each year. Civilians to be eligible as candidates for ap- 
pointment as Second Lieutenants must be between twenty-one and 
twenty-seven years of age, unmarried and citizens of the United 
States. If a graduate from a military school, a civilian candidate 
must present a diploma or if he has been a member of the national 
guards must present recommendations from his superior officers 
of the organization in which he served. 

Cadets of the Military Academy located at West Point are ap- 
pointed wholly by the President. The number consists of one 
from each Congressional district, one from each territory, one 
from the District of Columbia, two from each State at large and 
thirty from the United States at large. All except those appointed 
at large from the United States must be actual residents of the sub- 
division from which they are appointed. While the power of ap- 
pointment is vested in the President, he exercises this power 
largely upon the recommendation of Senators and Representa- 
tives in Congress, so that while these appointments are not, as 
in the case of the appointments to the Naval Academy, a portion 
of the patronage of the members of the Congress, the President, 
except in unusual instances, accepts the recommendation of the 
Senator or Member, and the places representing States and dis- 
tricts are really at the command of Congressmen. Candidates 
for appointment to the academy must be of such age that they 
will be between the ages of seventeen and twenty-two years when 
they are admitted to the academy. Appointments are made a year 
in advance of admission, so that candidates may have time to prepare 
themselves in the requirements established by the Secretary of War 
as a condition to their admission to the academy. Such requirements 



THE AMERICAN GOVERNMENT. 485 

besides those relating to physical condition and moral character are 
satisfied by a certificate of a school in good standing that the candi- 
date has been prepared to take up the course of instruction which 
is established for the military academy. Cadets are required to en- 
gage to serve eight years including the period of their instruction 
unless they are sooner discharged. The organization of the Military 
Academy includes a Superintendent, who is an oiBcer of the army 
designated by the President and having the rank of Colonel of En- 
gineers and a Commandant of Cadets with the rank of Lieutenant- 
Colonel, together with such number of instructors and professors 
as is provided for by law, or as may be detailed by the Secretary of 
War for the purpose of instruction. The cadets are organized into 
a military battalion and receive instructions from civilian professors 
and from ofBcers of the army detailed for the service in all branches 
of military science and in mathematics and modern languages. Ca- 
dets receive $540 a year and one ration a day and upon graduation 
receive the pay of a Second Lieutenant until they shall have been 
appointed and qualified as Second Lieutenants in the army. A board 
of visitors composed of persons serving without compensation, but 
who have their expenses paid, is appointed annually, seven non-ofificial 
persons appointed by the President, two members of the Senate and 
three of the House of Representatives constituting the board, which 
makes an annual visitation to the Military Academy and an examin- 
ation of the course of studies pursued and the results attained. 

The ranking officer of the enlisted force of the army is a non-com- 
missioned official having the title of Sergeant-Major Regimental, 
being the immediate assistant of the regimental Adjutant in charge 
of the details relating to the formation of the regiment, the muster 
rolls and similar documents relating to the regimental organization. 
Other non-commissioned officers are provided for in the higher 
grades in accordance with the order of precedence followed in the 
description appended. 

Quartermaster Sergeants are in charge of the actual work relating 
to the activities of the Quartermaster's department with reference 
to regimental organization and the same is true of Commissary Ser- 
geants with relation to the issuance of rations. Ranking below the 
foregoing regimental officers are Ordnance Sergeants, Post Com- 
missary Sergeants, Post Quartermaster Sergeants, Electrician Ser- : 



486 THE AMERICAN GOVERNMENT. 

geants, Hospital Stewards, First Class Sergeants Signals Corps, 
Chief Musicians, Chief Trumpeter and Principal Musician, all of 
whom are on a footing with regard to pay and emolument and who 
perform the duties indicated by their titles as immediate superiors 
to the enlisted men or the non-commissioned officers of lower grade, 
who may, either by permanent attachment or by temporary detail, 
be engaged in the performance of the duties of the particular branch 
of army work indicated. Thus Ordnance Sergeants have general 
charge of all the ordnance and ordnance stores located at the point 
to which they are assigned for duty. The Post Quartermaster Ser- 
geant and Commissary Sergeants have similar duties respectively 
to the corresponding officers attached to regimxCntal headquarters. An 
El-ectrician Sergeant is a superior artificer engaged in the operation 
of the many forms of electrical machinery now installed, especially 
in connection with coast fortifications. The Chief Musician is the 
band leader, and the Chief Trumpeter the head of the field music, 
while the other titles are self-descriptive. 

Inferior to the officers named are the Sergeants Major of squad- 
rons and battalions, and below them in rank to them, the First Ser- 
geant of companies and drum majors. The First Sergeant of a 
company is the immediate directing officer of enlisted men and is 
responsible to the commissioned officers for the conduct and condition 
of the men of the company. He must see that the orders given by 
the officers are carried out, and that the public property is not de- 
stroyed or wasted, that good order and discipline are maintained 
among the men, and that no proceedings or practices go on that are 
subversive to the efficiency of the service. He lives in the barracks 
or camp with the men, and they are at all times under his eye and 
supervision. He is expected to undertake the preliminary drills of 
recruits, and to direct the daily exercises of the men and the charac- 
ter of a company in every respect is largely molded and formed by 
that of the First Sergeant. Something of the same nature is true of 
the Sergeants and Corporals respectively who have the charge of 
subdivisions of the company, the smallest subdivision being the 
squad in charge of a corporal. Lance Corporals or acting corporals 
are enlisted men temporarily detailed to perform the duties of non- 
commissioned officers, but who have not yet received their formal ap- 
pointments in such position and who are on probation. 



THE AMERICAN GOVERNMENT. 



487 



STRENGTH OF THE 


ARMY. 










a 
^ 

II 

a 




Ha 
W 


MILITARY 
ACADEMY. 










en 




« 

v 

5b 

< 




22 






















24 

17 
12 
96 
44 
322 

85 
46 

I 

58 








24 
17 


Inspector General's Department 
















200 

200 

3,170 






296 

244 

3,492 

53 

1,482 




















Corps of Engineers 


1,294 

700 

1,212 








78s 








1,258 








, I 










58 














750 


13,020 






13,770 












651 


18,291 






18,942 










Thirty Regiments of Infantry , . • 


1,500 


25,649 






27,149 












415 


6 


523 


944 






Enlisted Men unattached to regiments 




1,460 
75 






1,460 










75 












3,869 


62,516 


6 


523 


70,084 




B.etired Officers 






I 




928 
2,388 





















NUMBER OF COMMISSIONED OFFICERS IN THE DIFFERENT GRADES. 



General Officers 

Aides-de-Camp to General Officers 

Military Secretary's Department 

Inspector General's Department. ...,.., 
Judge Advocate General's Department , 

Quartermaster's Department 

Subsistence Department 

Medical Department 

Pay Department 

Corps of Engineers 

Ordnance Department 

Signal Corps 

Bureau of Insular Affairs 

'Chaplains 



en 

o 2 
'" n 

S V 

O 



Ma 

U 'I' 

mo 



60 
27 
130 
25 
43 
25 
18 



46 46 



* And' forty-three Second I,ieutenants. 



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THE AMERICAN GOVERNMENT. 489 

ORGANIZED STRENGTH OF THE MILITIA OP THE SEVERAL STATES 
AND TERRITORIES. 



STATES AND TERRI- 
TORIES. 



Alabama 

Arizona 

Arkansas 

California 

Colorado 

Connecticut 

Delaware 

District of Columbia. 

Florida 

Georgia 

Hawaii 

Idaho 

Illinois 

Indiana 

Iowa 

Kansas 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts 

Michigan 

Minnesota 

Mississippi 

Missouri 

Montana 

Nebraska 

Nevada 

New Hampshire 

New Jersey 

New Mexico 

New York. 

North Carolina 

North Dakota 

Ohio 

Oklahoma 

Oregon 

Pennsylvania 

Rhode Island 

South Carolina 

South Dakota 

Tennessee 

Texas 

Utah 

Vermont 

Virginia 

Washington 

West Virginia 

Wisconsin 

Wyoming 



Grand aggregate. 



ORGANIZED STRENGTH. 



46 






15 
161 
60 
61 

33 
57 

2.S 

30 
48 
148 

44 
52 
23 
62 
13 



16 
305 
45 
14 
loi 

17 
22 
210 
33 
52 
23 
51 
52 
6 
18 
56 
13 
36 
47 



128 
19 
65 

159 
35 

132 
19 
49 
49 

156 
18 

34 
293 
100 
127 
76 
77 
71 
62 
100 
247 
126 

85 

76 
124 

20 

80 
6 

6q 
191 

17 
534 
III 

37 
290 

40 

51 
462 
66 
96 
43 
94 
121 

30 
36 

112 
36 
61 

136 



5,186 



194 
28 

135 
270 
66 
196 

39 
108 

95 
262 

34 
55 
496 
171 
206 
126 
142 
97 
100 
162 
437 

2(X) 
162 
118 
201 

41 
108 

7 
111 
317 

36 
908 
206 

58 
448 

64 

84 
725 
120 

174 
87 
151 
221 

37 
58 
170 

55 
no 
191 

35 






§■£« 

-22 rt 
oO > 



303 
992 

2,789 

533 
2,529 

330 
1,170 
1,025 
2,498 

382 

618 
5,433 
1,825 
2,403 
1,029 
1,230 
1,424 
1,151 
1,780 

5,131 
2,467 
1,836 

1,144 
2,052 

380 
1,293 

134 
1. 131 
4,069 

262 
13,109 
1,661 

577 
5,411 

707 

979 
9,159 

946 

1.491 
670 

1,612 

1,931 
360 
703 

1,963 
683 
901 

2,706 
318 



97,071 



2,035 

331 
1,127 
3,059 

599 
2,725 

369 
1,278 
1,120 
2,760 

416 

673 
5,929 
1,996 
2,609 
1,155 
1,372 
1,521 
1,251 
1,942 
5,568 
2,667 
1,998 
1,262 
2,253 

421 
1,401 

141 
1,242 
4,386 

298 

14,017 

1,867 

635 
5,859 

771 
1,063 
9,884 
1,066 
1,665 

775 
1,763 
2,152 

397 

761 
2,133 

738 

l,OII 

2,897 
353 



105,693 



490 THE AMERICAN GOVERNMENT. 



THE PAY OF THE ARMY. 



It is a matter of nice, if not altogether material, speculation as 
to whether the intricacies of the military pay have brought 
about the need of a corps of specially trained experts for its ad- 
justment, or whether the specially trained experts have brought 
about the intricacies of military pay. Whatever may have been 
the fact as to the cause, the effect has been to put it almost 
hopelessly beyond the power of the civilian mind to understand 
all that is comprehended within the term "army pay." This 
being so with regard to the pay of the army, it is triply so with 
regard to the pay of the navy, in which branch of the service 
even pay officers decline to make any general statement as to- 
the pay which officers in a particular grade may be receiving, 
and will only make definite statements when furnished with all 
the facts to which can be applied the various enactments made 
by Congress from time to time. Army pay is believed to be by 
military pay officers a comparatively simple system, but it is 
accompanied by so many provisos that no single table gives 
more than an approximate idea of the amounts received by dif- 
ferent officers. The following table presents the base pay of 
commissioned officers in the army, together with the calculation 
of the increases produced by the provisions of law that officers 
in active service shall have ten per cent, increase for each five 
years of service. A maximum is fixed, however, for the pay of 
Colonels at $4,500 a year and of Lieutenant Colonels at $4,000 a 
year, above which their longevity pay cannot increase their total 
pay, no matter how long they may serve in the grade named' 
after reaching the maximum. Retired officers also are not en- 
titled to an increase of pay on account of longevity after they 
have been retired, unless their retirement was on account of 
wounds received in battle. In addition to the foregoing, officers 
detailed as aides in other special positions are entitled to in- 
creases of pay while so serving, and officers serving outside the 
United States, except in Porto Rico or Hawaii, receive ten per 
cent, in addition to their base pay. Actual expenses are allowed 
to all officers of the army traveling by sea, and seven cents per 



THE AMERICAN GOVERNMENT. 49i 

mile, with a reduction of three cents per mile on bond-aided or 
land-grant railroads is allowed for land travel. In addition to 
this allowance, officers are provided with quarters at the rate of 
five rooms and kitchen for a Lieutenant General or Major Gen- 
eral, four rooms and kitchen for Brigadier General or Colonel, 
three rooms and kitchen for Lieutenant Colonel or Major, two 
for Captain or Chaplain, and one for a Lieutenant, with a 
kitchen added in both of the last cases. The more important of 
the non-commissioned officers are also allowed one room as 
quarters. In case such quarters cannot be furnished in buildings 
belonging to the Government, commutation is allowed at the 
rate of $12 per month for each room. Besides allowance for 
quarters, allowance is made for fuel in graduated amounts ac- 
cording to the rank of the officer, his location and the season of 
the year, when fuel cannot be furnished in kind ; besides which 
the mounted officers are entitled to forage for their horses either 
in kind or in allowance, so that in order to determine the amount 
of money which will accrue to any particular officer upon any 
particular pay day it is necessary to consider his grade, the kind 
of service he is on, where his service is located, and the various 
other details indicated by the foregoing before the amount of 
his emoluments can be made up. 



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494 THE AMERICAN GOVERNMENT. 

The table of the enlisted men is comparatively simple, but is 
also subject to various provisos. Thus a certificate of merit en- 
titles a soldier to two dollars a month additional pay and twenty 
per cent, increase in pay is given to all enlisted men serving out- 
side the United States. Veterinarians in the army are also on 
the same footing as officers in matter of pay and allowances, are 
not entitled to a ten per cent, increase in pay for foreign service. 

Enlisted men retired are entitled to three-fourths of the 
monthly pay of the grade they held when retired, and also have 
an allowance for commutation of clothing and in lieu of rations. 
Rations are furnished in kind to enlisted men when they are 
serving where issue may be made by the regular commissary 
officers, or they are allowed commutation or payment in money 
for the same when they are serving away from their regular 
organization. An allowance is made annually for clothing, 
amounting to the equivalent of one uniform with an appropri- 
ate amount of accessories for each year ; but soldiers are required 
to keep themselves at all times in clothing and, if necessary, at 
their own expense. Clothing may be drawn in kind as the credit 
accumulates, or balances may be carried over from time to time, 
to be settled finally upon the discharge of the soldier. The en- 
listed men are charged with the articles which they may desire 
to complete their uniform outfit, as they are drawn from the 
quartermaster's department, the debits being first charged 
against their clothing allowance, and if the clothing allowance 
is exhausted the balance is charged against the pay accounts. 
The balances of clothing accounts are taken twice a year, and 
the balances which may be in favor of the soldier are carried for- 
ward to the next half year; and upon discharge of the man the 
amount to his credit, if any, is added to his general credit ac- 
count and paid to him in cash. Army pay without qualification 
has been extended to cover the pay and emolument of commis- 
sioned officers and enlisted men of the marine corps, and enlisted 
men of the Porto Rico provisional battalion and the Philippine 
scouts also receive the pay and emoluments of enlisted men of 
the army. Army pay also applies with certain modifications, 
which are described in the appropriate place, to the pay of the 



THE AMERICAN GOVERNMENT. 495 

navy at the present time, having been substituted for the older 
system of navy pay. 

In addition to the allowances previously described, enlisted 
men of the army, when discharged, except in cases where the 
discharge has been by way of punishment, are allowed trans- 
portation money at the rate of four cents a mile for land travel, 
and actual transportation expenses and subsistence for sea travel. 
Travel in the Philippine archipelago, the Hawaiian archipelago, 
the home waters of the United States and between the United 
States and Alaska is regarded as land travel. 



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THE AMERICAN GOVERNMENT. 



PROMOTION AND RETIREMENT OF OFFICERS. 

Under the requirements of the law, all officers of the 
army below the rank of Major are required to undergo an examina- 
tion to determine their eligibility for promotion. If any officer fails 
to pass a satisfactory examination and is reported unfit for pro- 
motion, the officer next below him in rank, having passed the ex- 
amination shall receive the promotion in his stead. If the failure 
of an officer to pass is because of physical condition and he is found 
to be incapacitated for service by reason of physical disability con- 
tracted in the line of duty, he is to be retired in the rank to which 
he would otherwise have been promoted. If, however, he fails for 
any other reason, he is suspended from promotion for one year, at the 
expiration of which time if he again fails for promotion he must be 
honorably discharged from the army with one year's pay. Pro- 
motion is usually in consequence of a vacancy occurring in a 
higher grade, a vacancy in the grade of Major General, of course, 
making successive promotions throughout the grades of the army. 
Lieutenants of the Corps of Engineers, the Ordnance Corps and 
Signal Corps are, however, to be promoted to be Captain after pass- 
ing the examination required by law after fourteen years' service in 
the grade of Lieutenant. It is provided in most of the staff corps 
that promotions shall go by seniority and within the lists of the 
particular corps ; that is to say, vacancies occurring in a given staff 
body shall not be the cause of promotion in the army generally, but 
that that staff shall secure the resulting promotion. In the Artillery 
Corps, all officers, whether connected with the coast or field artillery 
are placed on one list and are promoted in accordance with seniority, 
details being made either to the coast or field artillery in accordance 
with the special aptitude of the officer. For meritorious service, 
provision is made for an honorary higher rank, especially for service 
in time of war, which is conferred by a brevet commission, being 
a promotion to the next higher grade than the actual rank of the 
officer and being effective as a title only when the officer has been 
mustered out or has resigned from the service. The brevet rank 
confers no additional command, pay or emolument, and is an honor- 
ary title only and cannot be used in official communications while 



THE AMERICAN GOVERNMENT. 499 

the officer is still in the service. The only occasions upon which 
officers regularly in the army can exercise the privileges of brevet 
rank are when, in case of actual hostilities, the President shall 
assign them to duty or command in accordance with such brevet 

rank. 

It was the original intention of the legislation on the subject of 
retirement of the officers of the army, that only a limited number 
should be carried on the retired list, this legislation having been 
efifected about the time of the civil war, when the possibilities of the 
retired list of the army assuming large proportions was a con- 
sideration in the minds of the Congress. An unlimited retired list 
with the possibility of placing the large number of volunteer officers 
thereon assumed, evidently, a prospective form of a civil pension 
list such as has always been strenuously discouraged in the United 
States. The limit of the number of retired officers was at first 
placed at 300, but when it appeared, later, that this number did 
not take care of the genuine retirements from the army, the limit was 
increased to 400. Thus, under this legislation, no officer of the 
army could be retired if there were at the time officers on the re- 
tired list to the legal limit. It became apparent that any limited 
system would not serve the purpose of providing for superannuated 
and disabled officers, so that, in 1882, additional legislation was 
effected under which, when any officer has reached the age of sixty- 
four years, it is compulsory for the President to retire him and 
to place him upon the unlimited retired list. 

There are, therefore, two lists of retired officers of the army, 
the limited list being confined to 350 officers at any one time, and the 
other containing the names of those who may be retired under the 
terms of the law, and who are not entitled to a place on the limited 
list. The limited list of retired officers consists, first, of those who 
are retired on account of disability; second, of those officers who 
have sought retirement after having served 30 years, and who, on 
making application to the President are placed upon the limited list ; 
third, those officers who are over 62 years of age, or who have served 
45 years as commissioned officers, and who are regarded by the 
President as desirable for retirement. Thus, the list is composed of 
those who must retire on account of disability, those who desire to 



500 THE AMERICAN GOVERNMENT. 

retire, and have served the requisite term, and those whom the 
President deems it is for the best interest of the service to retire, 
but retirements under these circumstances cannot exceed the number 
of 350 officers. 

The unHmited list consists of those who have been retired by special 
Act of Congress, of those who, having served 40 years, make ap- 
plication and thus effect a voluntary retirement, together with officers 
who have reached the age of sixty-four years and are thereupon 
placed in retirement by the compulsory action of the law. When 
an officer on the limited retired list reaches the age of 64 years, 
he is transferred from that list to the unlimited list of retired officers. 
When it appears that an officer is incapable of performing further 
active service, he may be directed to appear before a retiring board 
for examination, the board consisting of not more than nine or 
less than five officers, two-fifths of the board to be selected from 
the Medical Corps, and if this board finds an officer incapacitated 
for active service and such decision is approved by the President, 
the officer must, if the incapacity resulted from an incident of the 
service, and was not the fault of the officer, be placed on the retired 
list as retired on account of disability. If, however, the board finds 
that the incapacity of the officer is not due to an incident of the 
service, discretionary power is vested in the President to determine 
whether the incapacity was the result of the officer's own indis- 
cretion, and whether the officer shall be retired from actual service 
or shall be entirely retired from the service. In the latter case, 
the officer receives one year's pay and emoluments of the highest 
grade he has held, and the effect of the retirement is a dismissal 
from the service as in the case of failure to secure promotion. 

In case of retirement from the active list, the officer thenceforward 
receives seventy-five per cent, of the pay of the grade in which he 
was entitled to retire. 

Under recent legislation, officers who served in the Civil War 
are retired in the grade next higher to that which they actually oc- 
cupied, receiving a promotion on the date of their retirement, and 
thereafter receiving three-fourths of the pay of the higher grade. 
Similar legislation has also been passed affecting officers who have 
been retired previous to the dale of the provision just mentioned, 



THE AMERICAN GOVERNMENT. 501 

so that practically all officers who served during the Civil War 
shall receive at least one promotion on the retired list. 

In order that an officer may not be retired as a matter of op- 
pression or discipline, it is provided that no retirement shall be 
effected except for statutory reasons having to do with age or length 
of service unless an opportunity for a full hearing before a retiring 
board constituted as described, has been afforded the officer affected. 

Officers entirely retired from the service are, of course, wholly 
separated from the army, and their names are removed from the 
army list. Officers retired from active service are withdrawn from 
command and from the line of promotion, but are entitled to wear 
the uniform of the rank in which they were retired and are borne 
on the army register and are subject to the rules and articles of 
war and to trial by general court martial for any breach of dis- 
cipline. In time of war, retired officers may be employed in the 
discretion of the President for any duty except the command of 
troops, and at other times, retired officers may be detailed to serve 
as instructors at colleges although receiving no additional compensa- 
tion therefor. Retired officers serving actively in time of war as 
before mentioned, receive the full pay and emoluments of their rank. 
Retired officers may also serve in connection with the inspection, 
administration and direction of the militia of the various States, but 
the maximum full pay which can be received for this service is that 
of a Major. Under similar circumstances, retired officers may also 
be employed by the Secretary of War in recruiting duty, upon 
court martial, courts of inquiry, and boards and staff duties not 
involving service with troops. General officers can receive only their 
full retired pay for such employment, but Colonels and Lieutenant 
Colonels may accept full active pay of a Major in lieu of their 
own retired pay. 

INSIGNIA OF THE ARMY, 

Signs and tokens are of course essential to denote military 
rank and command. The bearing of a leader of men may per- 
tain as well to a private as to a general officer, and for this rea- 
son each member of the personnel of the army must have his 
distinctive mark. The General, Lieutenant General and Chief of 



502 THE AMERICAN GOVERNMENT. 

Staff of the army are allowed to select their own widths and 
placing of gold lace, and the army regulations do not venture ta 
dictate to thep on these points, the only provision being as to the 
general character of certain distinctive marks — as, for example, 
that the distinctive mark of a full General shall be the coat of 
arms of the United States embroidered in gold on his shoulder 
straps with two silver embroidered stars. A Lieutenant General 
is distinguished by three silver stars and a Major General by 
two stars. For all except dress occasions the identification of the 
grade of an officer is most easily established by the shoulder 
strap before referred to and which bears the devices which are 
generally distinctive of the particular grade of the officer; these 
distinctive marks are, in addition to the above, as follows : For 
a Brigadier General, one star; for a Colonel, a silver embroidered 
spread eagle; Lieutenant Colonel, a silver embroidered leaf at 
each end of the strap; Major, a gold embroidered leaf at each 
end; a Captain, two silver embroidered bars; First Lieutenant, 
one silver embroidered bar; Second Lieutenant, the shoulder 
strap without any device. A Chaplain is denoted by a plain 
Latin cross in silver in the center of a strap of dark blue. 

The color of the cloth of the strap differs in accordance with the 
branch of the army to which the officer belongs. This difference in 
color is also carried out in the facing of the uniform and constitutes 
the distinctive color of the branch of the army named. That for the 
staff corps is dark blue, as well as for general officers; engineers, 
scarlet, piped with white; signal corps, orange piped with white; 
ordnance department, black piped with scarlet; medical corps, ma- 
roon; quartermaster's department, buff; cavalry, yellow; artillery, 
scarlet, and the infantry, light blue. In addition to the foregoing 
distinctive marks are adopted for each branch as follows : 

General Staff Corps. — The coat of arms of the United States of gold and 
enamel superimposed upon a silver star. 

Adjutant General's Department. — A shield of gold or gilt metal. 

Inspector General's Department. — Gold or gilt sword and fasces, crossed 
and wreathed. 

Judge Advocate General's Department. — Sword and pen in gold or gilt 
metal, crossed and v/reathed. 



THE AMERICAN GOVERNMENT. 503 

Quartermaster's Department. — Sword and key crossed on a wheel, sur- 
mounted by a spread eagle; of gold or gilt metal, platinum, and enamel. 

Subsistence Department. — A silver crescent, Yz inch between cusps, cusps 
to the rear. 

Pay Department. — A diamond, with diagonals ^ inch and i inch in length, 
in gold or gilt metal, placed with shorter diagonal vertical. 

Medical Department. — A caduceus, of gold or gilt metal. 

Corps of Engineers. — A silver turreted castle. 

Ordnance Department. — Shell and flame, of gold or gilt metal. 

Signal Corps. — Two crossed signal flags and a burning torch in gold and 
silver. 

Bureau of Insular Affairs. — A bunch of seven arrows, with wings on sides, 
I inch in height, -n gold or gilt metal. 

Professors and Associate Professors of the United States Military Academy. 
— Shield and helmet surmounted by a scroll, in gold or gilt metal. 

Cavalry. — Two crossed sabers, i inch high, with number of regiment above 
intersection; of gold or gilt metal. 

Field Artillery. — Two crossed field gims i inch high, with number of regi- 
ment above the intersection; of gold or gilt metal. 

Coast Artillery Corps. — Two crossed cannons i inch high, of gold or gilt 
metal, with oval at the intersection, having a scarlet center exhibitine an 
oblong projectile in gilt outline. 

Infantry. — Two crossed rifles, design to be i inch high, with number of 
regiment above intersection ; of gold or gilt metal. 

Aids. — A device, i 1-3 inches high, consisting of a shield of the United 
States, of properly colored enamel, 54 inch high and ^ inch wide at top, 
surmounted by a gold or gilt eagle, with wings displayed. On the blue field of 
the shield a star or stars, according to rank of the general on whose staff 
the officei is serving. 

Distinctive marks on full dress uniforms are placed at different 
points and include a collar ornament consisting^ of a band of oak 
leaves embroidered in gold for general officers and two bands of 
gold lace other .officers. General officers have cuffs of velvet on 
their sleeves, ornamented with a band of oak leaves in gold, and 
other officers a band of gold lace. Officers of the staff corps and 
departments wear the insignia of the corps and departments on their 
sleeves and officers of the line wear knots of gold lace above the 
sleeve band, consisting of five strands in case of a Colonel, four 
strands Lieutenant Colonel, three strands Major, two strands Cap- 
tain and one strand First Lieutenant. 



S04 THE AMERICAN GOVERNMENT. 

Further differentiation of general officers is made by the number 
of buttons on the breast of their dress coats ; the General being en- 
titled to two rows of 12 in each row, a Lieutenant-General two rows 
of ten in each row, a Major-General nine buttons in each row, and a 
Brigadier-General eight buttons in each row. All officers of lower 
rank have a uniform number of nine buttons in each row. General 
officers also alone wear epaulets, those of lower rank wearing shoul- 
der knots of gold wire. Aiguillettes, the gold cords and pencils which 
distinguish Adjutants and Aides, are worn only by officers of the 
general staff corps, of the Adjutant-General's department, Inspector 
General's department and aides to general officers, also regimental 
Adjutants of artillery districts and of engineer battalions. The Chief 
of Staff is also empowered to wear such aiguillettes and in such man- 
ner as he may prescribe for himself. Sashes are worn by general 
officers, the Brigadier-Generals wearing their sashes around the 
waist and the Major-General across the body from the right shoulder 
to the left side. On all coats except the full dress coats army officers 
wear the letters U. S. on each side of the collar together with the 
insignia of the corps department or arm of service. These are in 
gold, except those of the Engineers, which are in silver, with all 
dress except the service on which they are of dull finished bronze 
metal. The distinguishing insignia for the sleeves of overcoats con- 
sist of a band of mohair braid with the insignia of the rank, corps, 
or department, previously described, except that officers of the line 
wear as their distinguishing mark a knot of mohair braid corres- 
ponding to the knot of gold braid on the sleeve of the full dress coat. 
The uniforms required to be possessed by officers of the army con- 
sist of the full dress coat of dark blue, the dress sack coat of dark 
blue, the service coat of olive drab or khaki, and the white coat for 
summer wear. In addition the uniform for evening wear is described 
and provision is made for a mess jacket which is a short coat, 
without tails, ornamented on the sleeves with the insignia of the 
full dress coat and to have such further ornamentation as each par- 
ticular organization may prescribe. These jackets are worn at 
dinner when it is the custom of the mess to require it, and the 
adoption of a particular device or a manner of ornamentation is a 
matter of regimental pride which may or may not be carried out 



THE AMERICAN GOVERNMENT. 505 

according as the officers of a particular regiment may have a taste 
for carrying out military traditions to the full. In order, however, 
that there shall not be frequent changes in the mess jacket, requiring 
additional expense, when the pattern is once adopted it cannot be 
changed without the approval of the Secretary of War and upon the 
request of the majority of the officers of a regiment. Besides the 
articles heretofore named full equipment of caps, capes, overcoats 
and accessories is required, so that the investment of an officer in 
uniforms is at least from $1,000 to $1,500 and may well be consider- 
ably more. 

Contract Surgeons in the army wear dress, service and white uni- 
forms conforming to those of medical officers, but without the shoul- 
der straps or insignia of rank. The letters "C. S." replace the letters 
"U. S." on the collar. Dental Surgeons wear similar uniforms to 
Contract Surgeons, but the "D. S." replace the letters "C. S." Vet- 
erinarians have uniforms corresponding to those of Second Lieuten- 
ant of Cavalry and Artillery, except the full dress uniform and wear 
the distinguishing mark of the foot of a horse shod with wings on 
the side. 

The enlisted men of the army wear in connection with their uni- 
form distinctive colors of cloth as facings on caps and in the cords of 
hats and in the stripe for the trousers. The distinctive colors for 
the different arms are as follows : Cavalry, yellow ; artillery, scarlet ; 
infantry, light blue or white ; engineers, scarlet piped with white ; 
ordnance, black piped with scarlet; post quartermaster sergeants, 
buff ; post commissary sergeant, cadet gray ; hospital corps, maroon 
piped with white; signal corps, orange piped with white, and the 
service detachment at the United States military academy, buff. In 
addition to the white the infantry color is light blue when white 
would be inappropriate or indistinguishable. 

The various grades of non-commissioned officers and the distinct 
position in the artificers' service are indicated by a considerable vari- 
ety of special insignia besides the regular military chevrons. Chev- 
rons consist of narrow stripes of cloth of the color pertaining to the 
corps or branch of the service, worn point up midway between the 
elbow and shoulder, the stripe being arranged in the form of an angle. 
The different chevrons and forms of insignia are as follows : 



So6 THE AMERICAN GOVERNMENT. 

Regimental sergeant major and sergeant major, senior grade, Coast Artil- 
lery Corps. — Three bars and an arc of three bars. 

Master Electrician, Coast Artillery Corps. — Gold wreath with silver 
forked lightning within. 

Engineer, Coast Artillery Corps. — Ring, gold bullion; governor, silver bul- 
lion within. 

Electrician sergeant, first-class, Coast Artillery Corps. — Three bars and an 
arc of one bar of scarlet cloth, inclosing a representation of forked lightning 
embroidered in white silk. 

Electrician sergeant, second class, Coast Artillery Corps. — Same as electri- 
cian sergeant, first-class. Coast Artillery Corps, omitting the arc. 

Master gunner. Coast Artillery Corps. — Gold wreath, inclosing silver pro- 
jectile. 

Ordnance sergeant. — Three bars and an arc of one bar, inclosing a shell 
and a flame. 

Sergeant of ordnance. — Three bars inclosing a shell and a flame. 

Corporal of ordnance. — Two bars inclosing shell and flame. 

First-class private of ordnance. — The shell and flame. 

Post commissary sergeant. — Three bars and a crescent (points to the front) ; 
top of crescent to be }^ inch below the inner angle of chevron. 

Post quartermaster sergeant. — Three bars and insignia of the Quartermas- 
ter's Department. 

Sergeants, first class, of the Hospital Corps. — Three bars and an arc of one 
bar, of maroon cloth, inclosing a caduceus 1^4 inches high, embroidered in 
maroon silk; the bars, arc, and caduceus to have a narrow white border. 

Sergeants of the Hospital Corps. — The same as for sergeants, first class, 
omitting the arc. 

Corporals of the Hospital Corps. — The same as for sergeants, omitting one 
bar. 

Lance corporals of the Hospital Corps. — A chevron of one bar of maroon 
cloth with white border, in addition to and placed just above the caduceus 
tor a private, first class. 

Private, first class, of the Hospital Corps. — A device consisting of a cadu- 
ceus 1% inches high, embroidered in maroon silk, and having a white border. 

Master signal electrician. — Three bars and an arc of one bar of orange 
cloth, piped with white, inclosing a representation of forked lightning em- 
broidered in white silk. 

Sergeants of the first class of the Signal Corps. — Three bars and an arc 
of one bar, color orange, piped with white, inclosing a device consisting of 
crossed signal flags, red and white, and a burning torch in yellow. 

Sergeant of the Signal Corps. — Same as for sergeant of the first class, 
omitting the arc. 

Corporal of the Signal Corps. — Two bars, inclosing same device as for 
sergeant of the first class. 



THE AMERICAN GOVERNMENT. 507 

Private of the Signal Corps. — Device consisting of crossed signal flags, 
red and white, and a burning torch in yellow. 

Regimental quartermaster sergeant. — Three bars and a tie of three bars. 

Regimental commissary sergeant. — Three bars and a tie of three bars, hav- 
ing a crescent (points front) ; top of crescent % inch below the inner angle 
and lower point of crescent % inch above the first of the tiebars. 

Chief musician. — Three bars and an arc of two bars, with a bugle of pat- 
tern worn on cap in the center. 

Squadron or battalion sergeant major, and sergeant major, junior grade, 
Coast Artillery Corps. — Three bars and an arc of two bars. 

Color sergeant. — Three bars and a star. 

Chief trumpeter. — Three bars and an arc of one bar, with a bugle of pat- 
tern worn on cap in the center. 

Principal musician. — Three bars and a bugle. 

Battalion of Engineers and battalion of field artillery, quartermaster ser- 
geant. — Three bars and a tie of two bars. 

First sergeant. — Three bars and a lozenge. 

Drum major. — Three bars and two embroidered cross batons. 

Troop, battery, or company quartermaster sergeant. — Three bars and a tie 
of one bar. 

Sergeant. — Three bars. 

Stable sergeant. Held artillery. — Three bars and a horse's head. 

Fireman, Coast Artillery Corps. — Crossed pokers and shovel in red, in 
red ring. 

Corporal. — Two bars. 

Lance corporal. — One bar. 

Cook. — A cook's cap of cloth, conforming in color to corps, department, or 
arm of service. 

Farrier and blacksmith. — A horseshoe of cloth i^ inches long and 1% 
inches wide, worn toe uppermost. 

Saddler. — A saddler's round knife of cloth. 

Chief mechanic. Held artillery. — Two crossed hammers of cloth, encircled 
at the base by a wreath embroidered in red silk. 

Mechanic and artificer. — Two crossed hammers of cloth. 

Mechanics of Field Artillery performing the duties of farrier and black- 
smith or of saddler will wear the devices corresponding to those duties, in- 
stead of two crossed hammers. 

First-class private, Engineers. — A castle of red cloth, ij^ inches long and 
height in proportion; castle to be piped with white and worn on outside of 
right sleeve halfway between the front of shoulder and elbow. 

Casemate electrician, Coast Artillery Corps. — Red ring, red voltmeter, 
white scale, graduations black, needle black, within. 

Observers, first class, Coast Artillery Corps. — Red rings, white cross wires 
and red target within. 



So8 THE AMERICAN GOVERNMENT. 

Observers, second class. Coast Artillery Corps. — Red ring and white cross 
wires. 

Plotter, Coast Artillery Corps. — Red ring, red dividers within. 

Chief planter. Coast Artillery Corps. — Red ring, mine, and oars. 

Chief loader, Coast Artillery Corps. — Red mine in red ring. 

Gun ccmmander. Coast Artillery Corps. — A sergeant's chevrons, in the 
angle of which will be placed crossed guns of a suitable size, of scarlet cloth, 
stitched to the blue cloth of the chevron, the markings of hoops, trunnions, 
etc., to be outHned by black silk stitching. 

Gun pointer, Coast Artillery Corps. — Red ring, white cross wires and red 
projectile within. 

Gunner, iirsf class, artillery. — Red projectile with white piping. 

Gunner, second class, artillery. — Red projectile. 

If in the Coast Artillery Corps a special grade is held by a non-commis- 
sioned officer the insignia is worn in the angle of the chevrons when prac- 
ticable ; if not, below it ; if not a non-commissioned officer, in the same man- 
ner as the chevrons are worn. 

All enlisted men who have served faithfully for a term of three years con- 
tinuously or otherwise wear as a mark of distinction upon both sleeves of 
the dress coat, below the elbow, a diagonal half chevron of cloth of the color 
of their facings. For each additional period of three years' faithful service,, 
continuously or otherwise, an additional chevron is worn. 

Devices are also worn on caps and service hats as follows : 

Cavalry. — Crossed sabers, numbers of regiment in the upper angle and let- 
ter of troop in lower angle. 

Field Artillery. — Crossed field guns, with number of regiment in the upper 
angle and letter of battery in the lower angle. 

Coast Artillery Corps. — Crossed cannons, with number of company in lower 
angle. 

Infantry. — Crossed rifles, number of regiment in the upper rmgle and let- 
ter of company in lower angle. 

Engineers. — The castle, with letter of company above it. 

Ordnance sergeants. — Shell and flame in white metal, inclosed in a wreath 
of gilt metal. 

All enlisted men of the Ordnance Department. — A shell and flame in gilt 
metal. 

Post commissary sergeants. — Crescent of white metal, the points up, in- 
closed in a wreath of gilt metal. 

Post quartermaster sergeants. — Insignia of the Quartermaster's Department,, 
in white metal, inclosed in a wreath of gilt metal. 

N on-commissioned staff. Coast Artillery Corps. — Crossed cannon, inclosed" 
in wreath of gilt metal. 

Master signal electrician. — A symbol resembling forked lightning, of white- 
metal, inclosed in a wreath of gilt metal. 

Enlisted men of the Hospital Corps. — Sergeants first class, ? caduceus of 



THE AMERICAN GOVERNMENT. 509 

white metal inclosed in a wreath of gilt metal. For sergeants, corporals, 
lance corporals, privates first class, and privates, a caduceus of gilt metal, 
without the wreath. 

N on-commissioned officers of the Signal Corps, except master signal elec- 
trician. — Two crossed signal flags and a burning torch of white metal, in- 
clostd in a wreath of gilt metal. For all other enlisted men of the Signal 
Corps, two crossed signal flags and a burning torch of gilt metal. 

Enlisted men of the Army service detachment at the United States Military 
Academy, West Point, N. Y. — The insignia of the Quartermaster's Depart- 
ment in gilt metal. 

Band musicians. — A lyre of white metal. Engineers to have a castle of yel- 
low metal in the center. Cavalry, field artillery, and infantry to have the 
number of the regiment, and Coast Artillery Corps the number of the band, 
of yellow metal, in the center of the lyre. 

Musicians of Engineers. — A bugle of yellow metal, with a castle of white 
metal in the center of, and the letter of the company, in yellow metal, above 
the bugle. 

Musicians of infantry and trumpeters of field artillery and cavalry. — A bugle 
with letter of company, battery, or troop in center and number of regiment 
above the bugle. 

Musicians of Coast Artillery Corps. — A bugle with the number of the 
company in the center. 

Enlisted men of the general recruiting service. — The letters "R. S." of 
white metal inclosed in a wreath of gilt metal; for men of permanent par- 
ties of recruit companies at the general recruit depots, the number of the 
compam', in white metal, to be placed below the letters. 

Enlisted men of the United States military prison guard. — The letters "P. 
G.," with the number of the company below them, letters and numbers to bt 
of white metal and inclosed in a wreath of gilt metal. 

The banners of the army are of three classes, flags, colors and 
subsidiary pennants used to mark the position of the organizations 
in the field. Flags consist of the ensign of the United States upon 
which is displayed the particular device of the person or organization 
represented. The exception to this is that the flags of the President 
and Secretary of War, respectively, are distinct compositions from 
the flag of the United States. The latter is composed of thirteen 
horizontal stripes, seven of red and six of white, the red and white 
stripes alternating in the order named and a union of white stars in 
a blue field, the number of stars being that of the number of States 
in the Union. When a new State is admitted to the Union the addi- 
tional star representing that State goes into use on the Fourth day of 
July next succeeding such admission, the rearrangement of the stars 



Sio THE AMERICAN GOVERNMENT. 

in the blue field having been effected after consultation by the gen- 
eral officers in command of the army. The President's flag consists 
of a scarlet field upon which is displayed in each comer a white star 
with a large white star in the center bearing the coat of arms of 
the United States, embroidered upon a blue star, the whole forming 
an ensemblage of four corner stars with one large central star upon 
which is a blue star, and upon the latter in turn an embroidery of the 
coat of arms- of the United States surrounded by stars representing 
the number of States in the Union. The President's colors are of 
scarlet silk and bear similar devices to those of the President's flag, 
the latter being intended to fly from flag staffs, and the former to 
be used in denoting the immediate location of the President. 

The flag of the Secretary of War is also of scarlet bunting and 
bears upon it an eagle with outstretched wings, with a shield on his 
breast and an olive branch in the right talon, and a bunch of arrows 
in the left, the scroll in the eagle's beak bearing the motto "E pluribus 
unum." In addition, the usual thirteen stars which go with this 
device are placed in the vicinity of the eagle and there is a white star 
in each corner of the flag. The colors of the Secretary of War, 
which would be placed in front of his tent if he should be in the field 
are of scarlet silk and bear the same devices as those named for his 
flag. Three sizes of United States flags are provided for garrison 
and post use, the garrison flag being 36 feet by 20 feet, the post flag 
is 20 feet by 10 feet, and the storm flag 18 feet by 4 feet 2 inches. 
The garrison flag is only furnished to the more important posts and 
is hoisted only on holidays and special occasions. 

The flag of the medical service is of course the red cross flag, con- 
sisting of white bunting with a red Geneva cross. For each separate 
organization, regimental and battalion stands are furnished com- 
prising of two colors, the national color, which is a silk United States 
flag, bearing the name of the organization embroidered in silk of the 
appropriate color of the particular branch of the service and the regi- 
mental or battalion color which in each csae is as follows : Battalion 
color of the engineers, scarlet silk having in the center a castle and 
with red and white tassels and white fringe. The corps color of the 
artillery is of scarlet silk bearing in the center two cannon crossed 
with appropriate lettering with yellow fringe and tassels. The in- 



THE AMERICAN GOVERNMENT. 511 

fantry regimental color is of blue silk with the coat of arms of the 
United States embroidered on silk in the center, a red scroll beneath 
the eagle bearing the name of the organization. The infantry colors 
of blue and white are carried out in the tassels and other attachments 
of the color. The cavalry regimental standard is of yellow silk with 
all the accessories of the same color. 

A service national color made of bunting is furnished to each or- 
ganization for drills and marches, but the silken flag must be carried 
in battles, campaigns and on all occasions of ceremony. 

For the purpose of marking distances and serving as guides for the 
mounted arms of the service guidons are provided, those for the 
cavalry being pennants cut swallow-tail, having two horizontal 
stripes, the upper stripe red and the lower white, the red stripe hav- 
ing on both sides the number of the regiment and the white stripe 
the letter of the troop. Guidons for field artillery are of a similar 
shape and size to the cavalry guidons and have in the center on both 
sides two cannons crossed with the number of the battery below the 
cannon. The distinctive flag for the signal corps is a red flag with a 
white center, the name of the corps being embroidered on the field 
and the device of the corps in the white center. Instead of embroi- 
dering the names of battles in which the whole or a portion of com- 
panies and battalions have been engaged upon the flags themselves, 
it is provided that the names of the actions may be engraved upon 
silver rings fastened on the pike or staflF of the colors or standards, 
and where less than half of the regiment or battalion was engaged 
the letters of the companies actually taking part in the engagement 
are to be inserted in the rings. The determination as to what action 
was of sufficient importance to be called a battle and to be thus com- 
memorated on the rings of the staff of the colors is made by the 
War Department and is announced through the usual military chan- 
nels so that no organization can determine for itself the number of 
the commemorative plates it may have in connection with the regi- 
mental colors. 

ENLISTMENTS AND DISCHARGES. 

While it is the happy fortune of the United States that at the 
outset of a war at least it would have no trouble in filling up the 



512 THE AMERICAN GOVERNMENT. 

authorized number of regiments by voluntary and almost imme- 
diate enlistment, during the time of peace it is necessary to main- 
tain an organization of the army simply for the purpose of se- 
curing men to fill the places of those whose terms have expired 
and who have been discharged. Enlistments are secured by 
officers who are detailed for the purpose, and who are given a 
sufficient number of enlisted men as aides in the clerical and 
other work of the duties assigned. Enlistment offices are opened 
in various cities and certain posts are designated for the head- 
quarters of the enlistment work for a given organization. Ap- 
plications for enlistment are sought by advertisement, stating the 
advantages of life in the army, and enlistments are effected under 
the following requirements : All enlistments shall be for the term 
of three years, and no person who is not a citizen of the United 
States, or has not made a declaration of his intention to become 
a citizen, can be enlisted, except he be an Indian. It is also nec- 
essary for the recruit to speak, read and write the English lan- 
guage, and he must be an effective and able-bodied man between 
the age of eighteen and thirty-five years on first enlistment, the 
thirty-five-year age limitation not applying on subsequent en- 
listments. No person who is under the age of twenty-one years 
can be enlisted without the consent in writing of his parents or 
guardian entitled to his legal control. This provision is neces- 
sary for the reason that under the common law the parent or 
guardian of a minor may recover possession of his services by 
appeal to a writ of habeas corpus. 

No minor under the age of eighteen years, no insane or in- 
toxicated person, and no deserter or person who has been con- 
victed of a felony can be enlisted. Re-enlistments cannot be 
effected unless the soldier's service during his preceding term of 
enlistment was honest and faithful. The total number of enlist- 
ments in the army is prescribed by the legislation fixing the 
strength of the different organizations, but an additional enlist- 
ment to provide for vacancies occurring in organizations serving 
outside the limits of the United States may be made to the ex- 
tent of four per cent, in excess of the authorized strength. Every 
enlisted man within six days of the time of his enlistment must 



THE AMERICAN GOVERNMENT. 513 

take an oath to support the Constitution of the United States 
and to obey the orders of the President and his superior officers, 
.and according to the rules and articles of war. No enlisted man 
who has been duly sworn can be discharged without a certificate 
in writing signed by a field officer of the regiment to which he 
belongs or by the commanding officer, and no discharge can be 
given to an enlisted man before his term of service has expired, 
except by order of the President, the Secretary of War, the 
commanding officer of a department or by sentence of a general 
court martial. Under these provisions all enlisted men must 
serve for the term of three years for which they have contracted 
and cannot be dismissed by their officers except for legal cause, 
nor released from their contract except under the conditions 
provided by law. If, after the expiration of one year, one of the 
parents of a soldier should die, leaving the other dependent upon 
the soldier for support, the Secretary of War, upon proof being 
made of the fact, may honorably discharge the soldier from the 
remainder of his enlistment. The President also has in time of 
peace discretion to discharge enlisted men under such rules and 
upon the payment of such purchase money as he may prescribe, 
the money thus paid to the United States to be applied to such 
of the current appropriations for the support of the army as may 
be indicated by the Secretary of War. Such discharge can only 
be purchased after a year's service and upon giving satisfactory 
reasons for the exercise of the privilege. The price of purchase 
of discharge is $120 in the first month of the second year and $5 
less for each succeeding month. 

The discharge which can be eflfected by the commander of a 
geographical department, or by the commander of an army in the 
field, is only in case of a certificate of disability, and when such 
disability was caused by the misconduct of the soldier or in con- 
sequence of conditions which existed previous to the enlistment 
of the man, the discharge can only be granted by or in the name 
of the Secretary of War. There are three classes of discharges 
from the army — the honorable discharge, in which the word 
honorable is specifically used with a meaning, namely, that the 



514 THE AMERICAN GOVERNMENT. 

person receiving the discharge has served the term of enlistment 
with credit and with efficiency; second, a discharge without 
honor, which simply indicates that a man has completed a term 
of service and by implication denotes that his service during 
that time has not been creditable ; and a dishonorable discharge, 
which is awarded by a general court martial as a punishment. 
Besides the discharge certificate certifying to a discharge for rea- 
son of disability, a special certificate is also given in cases where 
the discharge was effected because of disability through the fault 
of the soldier himself. 

Enlisted men are relieved from active service by retirement 
after 30 years', service, war service in the field, being 
computed twice in the process of making up the number 
of years necessary for retirement. The pay of retired men is 
three-fourths of the amount allowed them for the grade in which 
they were serving at the time of their retirement, including re- 
enlisted and continuous service pay then received, together with 
subsistence, commuted at the rate of 22^ cents per day, and 
three-fourths of the average annual allowance for clothing, one- 
twelfth of the amount to be paid monthly. A deduction of 125^ 
cents per month is made for the support of the Soldiers' Home 
of the enlisted men of the regular army, which is located in 
Washington and was started with the funds brought back by 
General Scott after the Mexican War, being the amount cap- 
tured from the Mexicans' military chest. With this amount a 
large tract of land was secured in the vicinity of Washington 
and handsome buildings have been erected, providing adequate 
support for a considerable number of soldiers who have been 
discharged because of disability, the latter having been con- 
tracted while in the service and for reasons incident to the ser- 
vice. Twenty years' honest and faithful service in the army or 
disability not the fault of the soldier are requisite for admission 
to the home, and upon a successful application the soldier may 
be discharged for the purpose of entering a home and under 
certain circumstances will be furnished with transportation from 
the place at which he is serving to Washington. 



THE AMERICAN GOVERNMENT. 515 

PUNISHMENTS IN THE ARMY. 

The chief military offense, of course, is disobedience of orders 
and the chief statutory one is that of desertion. Every soldier 
who deserts in time of war is liable to death, and in time of peace to 
court martial and punishment by imprisonment, with subsequent 
dishonorable discharge, and is also liable to serve as well in ad- 
dition for such period as may make up the total time of his 
original enlistment. If an officer is absent from his duty for 
three months without leave, the President is authorized to drop 
him from the rolls, and he is not eligible for reappointment. 
Enlisted men who desert forfeit all rights to pension and also 
are deemed to have relinquished their right as American citi- 
zens. To afford relief from the foregoing provisions a large 
number of men who served in the Civil War and who returned 
to their homes without having received a proper discharge, so 
that they appeared on the rolls as deserters, were relieved from 
the disability in securing a pension by general laws which pro- 
vided for the correction of the rolls of the army and navy upon 
application of the enlisted man and evidence showing that there 
was no intention to desert in time of war. 

Stringent provisions are made under the articles of war for the 
punishment of officers who make fraudulent musters or returns 
in order that undue amounts of pay or provisions may be drawn, 
and who wilfully or through neglect suffer any of the military 
stores of the United States to be spoiled, wasted or damaged. 
Any officer who uses contemptuous or disrespectful words 
against the President, Vice-President, Congress of the United 
States, the Chief Magistrate or Legislature of any of the United 
States, may be dismissed from the service or otherwise pun- 
ished, as the court martial may direct. Any soldier who so of- 
fends may be punished as the court martial may direct. Dis- 
respect to a superior officer or threatening or assaulting such of- 
ficer, or offering violence, may be punished by sentence of court 
martial, the more serious offense attended, if so found, by death, 
and any officer or soldier who incites a riot may be punished by 
death. Challenges to fight duels may be punished by dismissal. 



Si6 THE AMERICAN GOVERNMENT. 

and the usual provisions are made for punishment of such mili- 
tary offenses as cowardice and failure to perform the full mili- 
tary duty in the face of an enemy. The award of punishment in 
an army is performed in minor cases affecting the enlisted men 
by commanding officers who have a limited power of punish- 
ment; by summary court martial and by general courts martial, 
which have a carefully regulated system of jurisprudence, with 
rules intended to save the rights of the defendant and to secure 
the due administration of justice. A bar by limitation is in effect 
in that no person can be tried for an offense committed more 
than two years before the issuing of the order for trial. 

Courts martial may be ordered by the Secretary of War or by 
the commanding officers of divisions, and no sentence of a court 
martial can be carried into execution until it has been approved 
by the officer ordering the court. No sentence of a court mar- 
tial inflicting the punishment of death can be carried into execu- 
tion until it has been confirmed by the President, except in case 
of certain offenses committed in time of war, when the sentence 
of death may be carried into execution upon confirmation of the 
commanding general in the field or the commander of the de- 
partment. In time of peace also no sentence of a court martial 
directing the dismissal of an officer can be carried into execution 
tintil confirmed by the President. When in less serious cases 
the fixing of a punishment for an offense in time of peace is left 
to a court martial, such punishment cannot be in excess of the 
limits which are fixed by the President. Provision is also made 
in the statutes for the punishment of any person not belonging 
to the army who refuses to appear upon an appropriate subpoena 
from a court martial. The fact of the non-appearance is to be 
certified to the appropriate United States Attorney, who is re- 
quired to file information in the District Court of the United 
States, and upon failure of the witness to give sufficient ex- 
cuse he may be fined not more than $500 or imprisoned not more 
than six months. 

THE ARMY SCHOOLS. 

For the purpose of carrying on the instruction of officers in 
the higher branches of the military sciences, and for securing 



THE AMERICAN GOVERNMENT. 517 

specialization along various lines, service schools are established 
and maintained in different parts of the country, the chief of 
which is the Army War College, located at Washington on the site 
of a former arsenal, which has abandoned for many years, and 
previous to its present use was used as an artillery post. The 
War College has for its object the direction of the instruction in 
the various service schools and the extension of the opportunities 
in the army for investigation and study. Its equipment con- 
sists of one large central building with a considerable number of 
quarters and subsidiary structures, and officers are detailed from 
the various branches of the service to undertake, at the college, 
courses of advanced instruction as well as original investigation 
and study into the methods of modern warfare. The service 
schools referred to include the United States Engineer School 
at Willett's Point, New York, to which one officer from each 
regiment may be sent for a course of instruction in torpedo ser- 
vice, topography and practical military engineering. An Artil- 
lery School is maintained at Fort Monroe, Va., to which officers 
of the artillery corps are assigned who have been recently ap- 
pointed and who are not graduates of the Military Academy; 
those below the rank of captain who have not already graduated 
from the artillery school and officers of any rank who may de- 
sire to take any portion of the course or rndertake any special 
study. A school for Electrician Sergeants is also maintained at 
Fort Monroe as a branch of the artillery school and is devoted 
to the instruction in the application of electricity in the ordnance 
work. The infantry and cavalry school of the army is located at 
Fort Leavenworth and has a course of instruction embracing 
two years. Officers are detailed in turn by orders from the de- 
partment to proceed to this school for instruction, and a force 
of infantry and cavalry is stationed at the post at all times to be 
available for the purposes of practical instruction. Preliminary 
selection of the officers who are to be detailed to the school is 
made a year in advance by the commanding officers of regiments 
who, it is to be supposed, select such among their subordinate 
officers as may desire to attend the school or who may seem by 



Si8 THE AMERICAN GOVERNMENT. 

reason of the character of their service to need further instruc- 
tion. 

A school for the instruction of officers in the combined opera- 
tion of cavalry and light artillery is maintaintd at Fort Riley, 
Kansas. The conditions of instruction are similar to those at 
the Leavenworth school, including matters of selection, but the 
purpose of the school is more especially in the direction of horse- 
manship and of the possibilities of the mounted arms of the ser- 
vice. An army medical school is maintained at Washington, 
in which the students are medical officers who have been ap- 
pointed since the last preceding term of the school, and other 
officers who desire a general course or specialized work. 



THE AMERICAN GOVERNMENT. 519 



CHAPTER XL 

DEPARTMENT OF JUSTICE. 

The nucleus of the Department of Justice was the Attorney-Gen- 
eral, who was understood at the time of the framing of the Federal 
Government simply as a legal adviser to the President, without ad- 
ministrative duties, and not necessarily a permanent resident of 
Washington, except so far as the President might require his pres- 
ence at the seat of government. From the first there was an appre- 
hension that if a legal department should be established, it might 
be placed in the position of giving legal advice to private persons and 
the duties of the Attorney General were strictly limited to giving 
opinions on matters of law to the President and to the heads of exe- 
cutive departments on matters relating to the business of their de- 
partments. Under the terms of this limitation the Attorney General 
has universally declined to give any opinion on, or construction of, 
law, whatever, to private individuals or to other officers of the Gov- 
ernment than those named. The first Attorneys General were fur- 
nished only with a clerk; in fact, the earliest incumbents of the of- 
fice had to furnish their own clerical assistance. Gradually, however, 
as the legal business of the Government increased the personnel of 
the Attorney General's office became more numerous and finally a 
Department of Justice under its present conditions was inaugurated 
in 1870. 

The Department of Justice exercises two functions; namely, the 
direction and supervision of the law business of the United States, 
and secondly, the supervision of the officers of United States courts, 
including attorneys, marshals, and clerks. In connection with the 
supervision of the duties performed by the marshals it has also the 
custody of prisoners of the United States, but all of its activities may 
be divided generally into the classes named, of direct legal service, 
and of supervision of the officers of United States courts, except 
Judges. There is an erroneous impression that the Department of 
Justice has jurisdiction and control over the Judges of United States 



520 THE AMERICAN GOVERNMENT. 

courts. This is not at all so, except so far as the department reg- 
ulates and approves the expenses for such courts that are paid out of 
the public funds. It has no power to call a Judge to account for 
any action or for any language nor to direct any matters relating to 
the business of the courts, all such either being regulated by law or 
by the rules promulgated by the courts themselves. It can and does 
make certain suggestions to the Judges by directing the proper court 
officer to call the suggestions of the department to the attention of 
the court, but if the court does not coincide with the view of the de- 
partment, the latter has no power to enforce its orders, except that 
it may decline to allow expenses and expenditures for certain objects, 
thus making it incumbent on the court either to refrain from action 
in the line suggested or to defray the cost of the undertaking at the 
court's personal expense. 

The officer next in rank to the Attorney General in the Department 
of Justice is the Solicitor General, He is appointed by the President, 
by and with the advice and consent of the Senate, and receives a sal- 
ary of $7,500 a year. His chief duties relate to the preparation of 
cases for the Supreme Court and their argument in that court, and he 
has general charge of all the details relative to the cases in the 
Supreme Court in which the United States is interested, and of ar- 
ranging for the necessary motions and incidental business. The more 
important questions, especially those involving constitutional matters, 
are argued in the Supreme Court by the Attorney General of the 
United States, but the Solicitor General takes a large share of the 
other business and has generally been the representative of the De- 
partment in cases which have come to the Supreme Court. In the 
absence of the Attorney General, the Solicitor General becomes act- 
ing Attorney General, and in case of a vacancy in the office the Solic- 
itor General is empowered by law to exercise all of the duties of the 
head of the Department. 

The Attorney General may also argue cases in any of the other 
courts of the United States besides the Supreme Court or may direct 
the Solicitor General to do so. When opinions are requested by the 
President or the heads of the executive departments on matters of 
law, the Attorney General may either render them himself or refer 
them to one of his assistants. All matters excepting those involving 



THE AMERICAN GOVERNMENT. S2i 

an interpretation of the Constitution may be so assigned and the 
opinion prepared by the assistant, when approved by the Attorney 
General and the approval endorsed thereon, has the force and effect 
as if rendered by the Attorney General himself. 

The next officer in order of rank in the Department 
of Justice is the Assistant to the Attorney General. He 
is appointed by the President by and with the advice 
and consent of the Senate, and receives $7,000 a year. 
His especial function is to enforce the terms of the Act 
approved July 2, 1890, and generally known as the Sherman Anti- 
Trust law. He acts, however, as Attorney General when both the 
Attorney General and Solicitor General are absent from the depart- 
ment and may also be called upon to take part in the general work 
either of administration or of law matters. In consequence of the 
especial activity in the last few years in the matter of prosecuting 
offenses in the line of restraint of trade, the Assistant to the Attor- 
ney General is occupied almost entirely with questions arising under 
the Act heretofore mentioned, and under the Interstate Commerce 
Act, which, having to do with similar matters of trade, is also ad- 
ministered so far as its details come to the Department of Justice by 
the Assistant to the Attorney General. For the purpose of aiding in 
the enforcement of the Sherman Anti-Trust law a continuing appro- 
priation is made by Congress which approximates in size the sum 
of $250,000 a year, and disbursements from this fund are made by 
the Assistant to the Attorney General with the approval of the At- 
torney General himself. The provisions of the Sherman Anti-Trust 
law are, generally, that every contract, combination in the form of 
trusts or otherwise, or conspiracy which has for its purpose the 
restraint of trade or commerce among the several States, or with 
foreign nations is illegal, and every person who enters into a con- 
tract or engagement for the purpose of furthering such illegal act 
is to be deemed guilty of a misdemeanor and, upon conviction, pun- 
ished by a fine not exceeding $5,000 or by imprisonment not exceed- 
ing one year, or by both such punishments. Thus, the celebrated 
first section of the Anti-trust law is aimed to prevent persons in the 
same line of trade making an agreement by which the output of a 
given commodity may be restricted or its price regulated without* 



522 THE AMERICAN GOVERNMENT. 

competition and in opposition to the usual laws of trade. The second 
section of the law makes it equally a misdemeanor to monopolize or 
attempt to monopolize any part of the trade among the several States 
or with foreign nations and makes such monopoly or attempt pun- 
ishable by similar fines to those described for misdemeanors in re- 
straint of trade. Thus, while the first section attempts to prevent the 
combination among individual firms for the purpose of eliminating 
competition, the second section aims to prevent any one firm or in- 
terest from acquiring all the others in its line of trade so that it may 
dictate prices and the conditions upon which any given commodity 
may be supplied. The Circuit Courts of the United States are given 
jurisdiction of cases coming under this law, and it is also provided 
that seizure may be made of any goods belonging to parties who 
may be alleged to have entered into such an illegal agreement. A 
large number of such cases have been brought under the terms of 
this law, and a considerably large number of investigations made. 
One of the most notable of the cases was that relating to the North- 
ern Securities Company, under which name an attempt was made 
to amalgamate the property of two large railroads, which attempt 
was defeated by the proceedings brought by the United States under 
the terms of the Sherman law. For the prosecution of the law, the 
Assistant to the Attorney General has under his direction a corps of 
investigators and special attorneys. In several of the cases practical 
confession has been made by those accused of unlawful combination 
and decrees have been entered in the courts terminating the business 
under the particular form complained of. As judicial decisions 
under the law increase, the exact status of corporations and the lim- 
its of corporate powers under the Federal law are being defined, but 
the process is still in the initiatory state, and no one can give an ex- 
act definition at the present time of the limits established by the Act 
referred to within which corporations may extend their holdings and 
their operations. 

Additional regular assistants to those named are provided for 
the Attorney General, under the title of Assistant Attorney General. 
The incumbents of these offices receive salaries of five thousand 
dollars a year each, and are appointed by the President, by and 
with the advice and consent of the Senate. Three of these Assist- 



THE AMERICAN GOVERNMENT. 523 

ants are in the department proper, and their functions are similar 
to those of the Assistant Secretaries in other executive departments, 
except that they deal with legal instead of administrative problems. 
The time of one of the Assistant Attorneys General is largely taken 
up with consideration of matters relative to customs cases, as when 
such cases are to be appealed to the Circuit Court of Appeals they 
are certified to the Department of Justice by the law officers more 
immediately connected with the Treasury Department. Another 
of the Assistants is chiefly concerned with the internal revenue 
matters and with matters arising under the new naturalization law, 
the latter law having a dual administration by the Department of 
Justice and the Department of Commerce and Labor. It is pro- 
vided in the naturalization law that the United States shall be repre- 
sented at all hearings in court for the purpose of naturalization 
of aliens, and in order to properly conduct these hearings, Assistant 
District Attorneys for naturalization purposes have been appointed, 
and who have under their direction a corps of examiners in each 
case, who are charged with the duty of investigating the circum- 
stances in each applicant for naturalization. If the examiner is 
able to find that the applicant is not entitled to naturalization, or that 
there is some defect in his papers, the information is laid before 
the Assistant District Attorney in charge of naturalization affairs, 
and the application of the alien for naturalization is opposed when 
the matter comes up in court for hearing. The third Assistant, 
located in the department proper, is charged with matters relating 
to the legal affairs of the territories and insular possessions so far 
as they come to the Department of Justice, and all three handle 
miscellaneous matters, regular assignment being made of the classes 
of work which come before the department. 

It is the general rule that all investigations preliminary to pro- 
ceedings in the courts shall be made by the Department under which 
the subject matter of the investigation comes. Thus in land cases, 
the Interior Department secures the evidence necessary to make a 
case and presents it to the Department of Justice for prosecution 
before the courts. The same is true of the cases which come under 
the jurisdiction of the Department of Agriculture relating to the 
pure food law, the law relative to the shipment of cattle, and similar 



524 V THE AMERICAN GOVERNMENT. 

statutory regulations, and a like course is followed by other depart- 
ments. The only exception is in the case of the enforcement of 
the naturalization law. Owing to the fact that the main appropria- 
tion for the enforcement of this law was assigned to the Depart- 
ment of Justice, the Department of Commerce and Labor has no 
means for carrying on the investigation during the fiscal year end- 
ing June 30, 1908, but it is anticipated at this writing that a change 
will be made in this matter and that the investigations will be made 
by the Department of Commerce and Labor and certified to the 
Department of Justice for procedure as in the case of all other 
similar matters in the executive departments. 

Besides the ofiicers before named, the Department of Justice has 
a staff of Assistant Attorneys at salaries ranging from $2,000 to 
$2,500, who act as assistants to the Assistants Attorney General in 
making preliminary examinations of law questions and in preparing 
material for opinions and other legal work of the Department. 

Provision is made by law for the appointment of Special As- 
sistant Attorneys in the discretion of the Attorney General who 
are employed to conduct cases which require either special know- 
ledge or which cannot be handled by the regular force of the 
Department. As a rule, such Assistants are appointed for services 
a,t points other than in Washington, and are there placed in full 
charge of a given proceeding in all its stages, or are assigned 
for the assistance of the District United States Attorney in the 
district in which the cases come up. Some of the most important 
of the litigation before the Department, especially that under the 
terms of the Sherman Anti-trust law, is thus placed in the hands 
of Special Assistants who are given the entire responsibility, except 
that they receive general direction from the head of the Depart- 
ments and as Assistants to the Attorney General ^e ex- 
pected to direct the investigation, the arrangement of the evi- 
dence, and to conduct the prosecution in court. When, on account 
of the pressure of the business of the office of the United States At- 
torney, or when he is unable to try a given case, or when the case 
presents unusual or technical difficulties, a Special Assistant to the 
United States Attorney is appointed for the trial of that particular 
case. Such action is also taken when, for any reason, the District 



THE AMERICAN GOVERNMENT. 525 

Attorney may be disqualified from appearing in the trial of the 
case. The compensation of Special Assistants may be either fixed 
by the Attorney General at the time of the appointment, or left until 
the completion of the case, when a total sum for the service render- 
ed is allotted. The latter course is generally taken in connection 
with suits of considerable importance, but the attorneys are allowed 
amounts from time to time on account, as the case proceeds. 

In addition to the Assistant Attorneys General who are engaged 
with the transaction of the general business of the Department, 
three other Assistant Attorneys General are provided at salaries 
of $5,000 each, who have charge of a particular class of work. 
Thus the defense of suits before the Court of Claims is entrusted 
to an Assistant Attorney General, who has under his charge a 
semi-independent organization, engaged exclusively in the prepara- 
tion of the side of the United States in all proceedings before the 
Court of Claims. The organization consists of a number of Assist- 
ant Attorneys, with the necessary clerical force, and their duties in- 
clude the taking of testimony in the field, the arrangement and 
preparation if the argument of cases before the Court of Claims. 
A large portion of the work of this section of the Department 
of Justice refers to claims arising out of the Civil War, which have 
been referred to the Court of Claims, and which require the taking 
of a large amount of testimony in the States of the South. When 
matters determined upon by the Court of Claims are appealed to 
the Supreme Court, the briefs for the presentation of the cases 
in the highest court are prepared by the Assistant Attorney General 
in charge of the Court of Claims work, and the cases are argued 
by him in the Supreme Court, either with the Attorney General 
or alone. 

The classes of claims growing out of Indian depredations, that 
is, the damage done by Indians in the Western States, when such 
Indians were under the control of the Federal Government and 
escaped for the time being from their reservation and the custody 
of the Federal authority, are handled on the part of the United 
States by another Assistant Attorney General, who represents the 
Government in the presentation of such cases in the Court of Claims. 
The third of these semi-independent Assistant Attorneys General 



526 THE AMERICAN GOVERNMENT. 

is the officer in charge of the defense of claims bfore the Spanish 
Treaty Claims Commission. This work involves the representation 
of the United States in matters growing out of the Spanish- American 
War, and the officer in charge directs a considerable force of attor- 
neys, who are engaged in taking testimony at the present time in 
the Island of Cuba. It is anticipated, however, that the work be- 
fore this commission will be completed before the close of another 
fiscal year, and that the necessity for the services of this officer 
will be ended. 

When the Department of Justice was constituted in 1870, all 
of the law officers under the different departments were consoli- 
dated under the jurisdiction of the Department of Justice and a 
provision was made that no legal services should be rendered to 
the executive departments except upon application to the Attor- 
ney General and under his direction. The most important of 
these departmental subdivisions is the office of the Solicitor of 
the Treasury, which has charge of books, papers and records 
received from the officials who had, under a former system, su- 
perintendence of the collection of outstanding taxes which re- 
quired legal proceedings. When a Collector of the Customs is 
•compelled to deliver a bond for taxes to a United States Attor- 
ney for collection, he notifies the Solicitor of the Treasury, who 
-makes an entry charging the attorney with the amount involved, 
which amount remains charged to the attorney until it has been 
paid to the United States or a judgment has been secured and 
the execution entrusted to a United States Marshal, who then 
becomes chargeable with the amount. The Solicitor of the Treas- 
ury thereafter has general superintendence of the work of col- 
lecting such amounts and is also charged with the cognizance of 
all frauds and attempts at fraud on the customs revenues, and 
exercises a general supervision over the measures for their pre- 
vention and detection, and over the prosecution of the persons 
charged with such offenses. The Solicitor of the Treasury has, 
by virtue of the various provisions of law, direct power of in- 
struction to United States Attorneys as to the details of cases 
relating to the collection by legal process of amounts due the United 
States on account of customs and establishes the regulations which 



THE AMERICAN GOVERNMENT. 527 

must be approved by the Secretary of the Treasury and the At- 
torney General for the observance of collectors and District At- 
torneys and marshals respecting suits by which the United States 
seeks to recover amounts due to it from the source indicated. 
The power exercised by the Solicitor of the Treasury of direc- 
tion to the United States Attorneys, marshals and clerks of Dis- 
trict Courts refers, however, only to suits originally instituted 
under his direction and does not in any wise refer to cases com- 
ing under the internal revenue laws. The Solicitor of the Treas- 
ury has also similar duties with regard to the supervision of suits 
and proceedings arising out of the national banking laws, in 
which the United States or its officers are a party, and has gen- 
eral charge of matters under the direction of the Secretary of the 
Treasury regarding the compromise of claims on the part of the 
United States towards private parties. In case it is not found 
possible to collect an amount due the United States by the usual 
process, the Solicitor of the ^Treasury may consider offers of com- 
promise and receive in satisfaction of the debt such amount as 
may seem to be all that the United States could reasonably 
hope to secure. Not all debts due the United States, however, 
can be compromised by the Solicitor of the Treasury, as a cer- 
tain portion of them must be passed on by the President, The 
Solicitor of the Treasury also passes upon the sufficiency of the 
bonds of the United States Assistant Treasurers, department dis- 
bursing clerks. Collectors of the Internal Revenue, and those of 
the secretary and chief clerk of the Department of Agriculture, 
and his approval is necessary for the validity of such bonds. He 
is also the law officer of the Treasury Department and questions 
arising under the various laws aflfecting the department are re- 
ferred to him for his examination and opinion. His opinion on 
the various matters last referred to, however, is not a conclusive one, 
but has the same weight as those of other departmental solici- 
tors and law officers under the jurisdiction of the Department 
of Justice. If the head of a department is not satisfied with the 
opinion of his law officer, he may refer the subject matter to the 
Attorney General for an opinion, accompanying his request with 
a copy of the opinion rendered to him by the Solicitor or the 



528 THE AMERICAN GOVERNMENT. 

Assistant Attorney General attached to the department. The 
Solicitor of the Treasury is also the custodian of real estate 
which may be acquired by the United States through any other 
proceedings than those under the Internal Revenue laws, and 
administers all details relating to the retention and the release 
and sale of such lands in payment of debts. The office of the 
Solicitor of the Treasury is in the Treasury Building and that 
department is required by law to afford him the necessary quar- 
ters for the transaction of his business. The clerical force re- 
quired and the expenses of the office are, however, paid by the 
Department of Justice. 

In addition to the Assistant Attorneys General already named, 
two of the law officers of the executive departments have that 
title : the Assistant Attorney General for the Interior Depart- 
ment and the Assistant Attorney General for the Post Office De- 
partment. The Assistant Attorney General for the Interior De- 
partment is the chief law officer of that department and advises 
the Secretary and Assistant Secretaries upon questions of law 
arising in the departmental administration. Appeals from the 
General Land Office are sent to his office for consideration and 
he prepares the cases for the final action of the head of the de- 
partment. The Assistant Attorney General for the Post Office 
Department is appointed by the Postmaster General, but his 
name is carried on the list of officers of the Department of Jus- 
tice, although his duties are almost exclusively performed under 
the direction of the head of the Post Office Department, and his 
subordinates are subordinates of that department. Besides giv- 
ing opinions on questions of law relating to the work of the de- 
partment, which are presented to him not only by the Postmas- 
ter General and his assistant, but by the superintendents and the 
chiefs of the several divisions and bureaus and by the Postmas- 
ters throughout the country, he has the consideration of pro- 
posed compromises of liabilities and of the remission of fines, 
penalties and forfeitures which may be certified to him by the 
Auditor of the Post Office Department, and also prepares cases 
for allowances to postmasters for losses from fire, burglary, etc. 
Claims for rewards for the apprehension and conviction of of- 



THE AMERICAN GOVERNMENT. 529 

fenders against the postal laws, apprehension and conviction of 
post office burglars, highway mail robbers, etc., come under his 
jurisdiction as well as matters of recommendations relative to 
pardons for offenses against the postal laws. The most impor- 
tant function of this official, however, relates to the enforcement 
of the laws relative to the use of mails for fraudulent purposes, 
or the transmission of lottery tickets and literature relating to 
lotteries. Evidence of the transmission of forbidden mail matter 
and of the fraudulent nature of advertisements intended to secure 
transmission of mail matter with the ultimate purpose to defraud 
the senders is laid before the Assistant Attorney General for the 
Post Office Department, who, upon consideration of the circum- 
stances in the case and upon an oral hearing, if deemed to be 
necessary, may take steps which result in the issuing of a fraud 
order, which has the effect of preventing the transmission of the 
mail directed to the person or persons affected by the order, so 
that the letters are returned to the senders where possible. The 
Assistant Attorney General for the Post Office Department has 
general charge of the results of the investigations of the Post 
Office Inspectors into offenses committed against the postal 
laws when such cases have come to the point of being cer- 
tified to United States Attorneys for their prosecution, and rep- 
sents in a supervisory way the interest of the Post Office Depart- 
ment in having such prosecutions expedited and proceeded with 
to a satisfactory determination. 

The Solicitor for the Department of State and the Solicitor for 
the Department of Commerce and Labor, respectively, handle 
all questions of law relating to the two departments, the former 
having under his jurisdiction not only the usual adminstrative 
law questions, but questions relating to international law as well. 
He is the adviser of the Secretary of State on such questions as 
well as on matters of law affecting the consular service. 

The office of the Solicitor of the Department of Commerce and 
Labor, who is the law officer of that department, is wholly composed 
of employees of the Department of Justice as is that of the Solicitor 
of the Treasury. The subordinates of other departmental law officers 
are, however, direct employees of the department concerned, and not 



530 THE AMERICAN GOVERNMENT. 

a portion of the personnel of the Department of Justice. The So- 
licitor of Internal Revenue is an officer of the Department of Justice 
attached to the Internal Revenue Service for the purpose of advising 
the Commissioner of Internal Revenue on matters relating to the 
Internal Revenue laws, and to exercise general supervision over the 
proceedings in court relative to the recovery of penalties, forfeitures 
and taxes under those laws. He receives $4,500 a year, as do each 
of the other departmental law officers with the exception of the As- 
sistant Attorney General for the Interior Department, who receives 
$5,000. The legal assistance provided for the departments under the 
direction of the Department of Justice is required by law to be in 
lieu of all other legal assistance whatever and there is a prohibition 
against the employment of all other counsel and the payment of any 
fee for legal assistance except as the Attorney General shall author- 
ize special assistance in any given case. The Attorney General is, 
however, required upon notice by the head of a department or a 
bureau that the interest of the United States require the service of 
counsel to examine witnesses, or to make the legal investigation of 
any claim pending in such department or bureau to provide for such 
service. It is, therefore, illegal for any department or officer of the 
Government to pay out amounts for legal services and unless the pro- 
ceeding in question comes within the scope of the duties of a Dis- 
trict Attorney, the papers in the case must be forwarded to the De- 
partment of Justice with the request for assistance to be provided 
by that department in the prosecution or defense of the case. Either 
of the Assistant Attorneys General, when so directed by the Attorney 
General, may appear before any United States Court, and the ap- 
pointment of a Special Assistant to the Attorney General confers the 
same prerogative upon any Attorney not regularly in the employ of 
the department. 

ADMINISTRATIVE OFFICERS OF THE DEPARTMENT. 

The foregoing description relates to the legal services of the offi- 
cers under the Department of Justice. The administrative work of 
the department relates to the details of the appointment of and super- 
vision over United States Attorneys and marshals and the super- 
vision over the accounts and proceedings of Clerks of Courts, who 



THE AMERICAN GOVERNMENT. S3i 

are appointed by the Judges of the courts, but who are amenable to 
the direction of the Department of Justice as to the methods of keep- 
ing their books and accounts, any negligence in this respect being 
certified to the Judges of the respective courts for appropriate action 
by them. 

The appointment clerk of the department in addition to keeping 
the records relative to the appointment of employees of the depart- 
ment proper, receives applications and endorsements for the ap- 
pointment of United States Judges, District Attorneys, and marshals, 
and issues the commissions for such officers when appointments are 
made by the President. Supervision over the District Attorneys, 
marshals and clerks is exercised by means of the administrative audit 
which is carried out in the Division of Accounts, and by a force of 
examiners, eleven in number, under the superintendence of a Chief 
Examiner, who receives $3,750 a year, the examiners receiving sal- 
aries ranging from $2,500 to $1,800. It is the duty of the examiners 
to visit the various judicial districts and to examine the books, ac- 
counts and methods of doing business of the officers of the courts, 
reporting to the department any departure from the prescribed meth- 
ods of carrying on court business, together with any irregularities 
that may be discovered in the financial transactions of such officers. 

The details relating to the executive prerogative of pardoning are 
administered under the Department of Justice, an official called the 
Attorney in Charge of Pardons having charge of all the records re- 
lating to such matters and conducting the correspondence and pre- 
paring the necessary briefs of cases and the warrants for the Presi- 
dent's signature. Pardons sought are for two purposes, to reduce 
the time of imprisonment, and to restore civil rights which have been 
forfeited by reason of conviction of crime. The only classes of par- 
dons which are not made up by the Attorney in charge of pardons 
are those relating to offenses under the army and the navy. Such 
cases are handled by the War Department and the Navy Department 
respectively and sent to the President for decision from those de- 
partments. The warrant, however, indicating the completed action 
of the President is issued from the Department of Justice upon notice 
from the other department that the President has signified favorable 
action. In cases other than those relating to the military service. 



532 THE AMERICAN GOVERNMENT. 

applications made to the President for clemency are referred to the 
Department of Justice and in turn referred by the Attorney in charge 
of Pardons to the District Attorney of the district in which the con- 
viction was originally effected. The District Attorney and Judge 
report upon the nature of the offense, and evidence adduced at the 
trial, and also add a recommendation giving their respective views as 
to whether clemency should or should not be shown. These reports, 
together with all the papers in the case are briefed and made the 
subject of a memorandum to the Attorney General who reviews the 
matter generally, and if he deems the application one which may be 
called to the President's attention, he prepares a brief letter summar- 
izing the facts in the case and making a definite recommendation as 
to the Presidential action. If this recommendation is approved by 
the President a formal warrant of pardon is made out, which is 
signed by the President and countersigned by the Attorney General 
The rules relating to applications for pardon are appended hereto. 
Not every application can be brought to the attention of the Presi- 
dent, but only such as are recommended by a reporting official, as 
stated in the general rules. In addition to the pardon matters relat- 
ing to the shortening of sentences of imprisonment, there are a very 
large number of applications relating to the restoration of civil rights. 
The fundamental requirement for the consideration of such an appli- 
cation is that the applicant shall show that he has, during the time 
which has expired since the termination of his period of imprison- 
ment lived the life of an honest and law-abiding citizen, and also that 
the time, elapsed is enough to give a reasonable opportunity to deter- 
mine whether his reformation had been genuine. The pardoning 
power of the President is, as has been suggested elsewhere, unlimited, 
and refers as well to offenses before they have been passed upon by 
the courts as to offenses of which the accused may have been con- 
victed and for which he has received a sentence. The utmost care 
is exercised in making recommendations to the President for pardon, 
and it is regarded that the sentence imposed by a Judge has been 
with the full knowledge of all circumstances previous to imprison- 
ment so that the only grounds for pardon are the substantiation of a 
charge that injustice has been done either because of the wilful dis- 
regard of the circumstances by the court, or because of the lack of 



THE AMERICAN GOVERNMENT. 533 

knowledge of the circumstances which lack has been supplied by 
subsequent developments. Grounds for pardon in addition to these 
are the ill-health of the prisoner indicating death unless released or 
some change in the conditions which could not have been known or 
understood by the sentencing judge. 

RULES RELATING TO APPLICATIONS FOR PARDON. 
All applications for pardon should be signed by two or more credible per- 
sons, be addressed to "The President of the United States," and be for- 
warded under cover to "The Attorney-General" (except applications for par- 
don for desertion or other offenses against the military or naval laws, which 
should be addressed to the Secretary of War and the Secretary of the Navy, 
respectively), and the post-office address of each person signing the applica- 
tion should be plainly stated. 

The 'application should state the name of the applicant, his age, where 
born, previous occupation, and place of residence, the crime of which he was 
convicted, the Court, District, State, and term, for how long, and to what 
prison he was sentenced, and the grounds upon which pardon is asked. It is 
not necessary to furnish a copy of the indictment or other court papers. 

As soon as they are received, applications with the accompanying papers 
are forwarded to the United States Attorney for the District where the trial 
took place, with directions to report thereon, sending the statement of his 
predecessor when he did not himself appear in the case, and also that of any 
special attorney for the Government who took part in the trial. He is also 
directed to obtain, if possible, the views of the trial Judge. A case once so 
referred will not be again referred without a written request from the United 
States Attorney or the trial Judge ; and a case once acted upon by the Presi- 
dent will not be reopened, except upon the presentation of new and material 
facts. 

When none of the persons so consulted advise the pardon, the papers are 
not sent to the Presifdent, except by special order of the Attorney General 
or upon his own request; but when any one of them advises in favor of the 
application the papers are submitted to the President. 

As all applications are sent by the Attorney General to the United States 
Attorney for report and docket entries, it is unnecessary and undesirable for 
applicants to apply to the Attorney or Judge. 

Reports to the President by Attorneys and Judges, and other officials, on 
applications for pardon are treated as confidential, and are not open to in- 
spection by the applicant or by any other person, except with the written 
assent of the Attorney, Judge, or official making the report, nor, if such 
assent be given, unless it be shown that the ends of justice require the dis- 
closure. All other papers, except reports or communications to the President 
by officials, are open to inspection by the applicant and his attorney or repre- 
sentative, and by Members of Congress. 



534 THE AMERICAN GOVERNMENT. 

Applications will not be considered pending appeals from judgments of 
conviction. 

Applications with accompanying papers can not be withdrawn after they 
have been referred to the United States Attorney, as they are considered part 
of the records of the Department. If, however, the applicant will have 
copies made at his own expense for the Department files, the original papers 
will be returned to him. 

Applications made merely for restoration to full civil rights will not be 
considered by the President before expiration of sentence. After the prisoner 
has been released for not less than one year, the President will consider 
the apphcation, which must be accompanied by affidavits from at least three 
reputable citizens among whom the petitioner lives, stating that since his 
release from prison he has conducted himself in a moral and law-abiding 
manner, what his occupation has been, and what knowledge they have in the 
premises 

When the President has acted, the applicant or his attorney is notified of 
the result. If pardon is granted, a warrant is at once sent to the applicant, 
either through the United States Marshal or the officer in charge of the 
place of imprisonment. 

These rules apply to applications for pardon before conviction so far as 
appropriate, and also to applications for restoration to civil rights. 

The President can not consider applications for offenses against State or 
Territorial laws. Such applications should be sent to the Governor or Board 
of Pardons of the State or Territory where the ofifense was committed. 

While the negotiations for the acquirement of land by the United 
States are carried on by a considerable number of the officials of 
executive departments, no title can be passed until it has been 
examined and certified by the Attorney General, whose functions in 
this respect are exercised by an Examiner of Titles to whom all 
papers relating to the title of real estate about to be passed into 
the possession of the United States are sent, and who directs the 
preliminary examination or verification of the documents involved 
by the different United States Attorneys. When the title papers 
are revised and verified, this official examines minutely all portions 
of the title for the purpose of determining- whether the United States 
can take over the real estate without subjecting itself to the liability 
of future claim. The duties of the office of title examiner are most 
exacting and require an intimate knowledge of every detail of real 
estate law. The usual procedure is for the executive department 
which is to acquire the land in question, to furnish the Department 
of Justice with the title deeds for examination. These, as has 



THE AMERICAN GOVERNMENT. 535 

been said, are sent to the United States Attorney for report; 
upon receipt of the report and the completion of the technical 
examination, a letter returning the deeds is signed by the Attorney 
General, which formally states that the title is a valid one and 
that the property in question may be appropriately acquired under 
the terms of an enactment for the purpose which may be in effect. 
Other bureaus and offices of the Department of Justice proper are 
charged with the conduct of the details relating to proceedings 
sought to be brought by the different executive departments to en- 
force various laws. Such departments have no control over the 
United States Attorney, except where such control is specifically 
provided by law, so that it is necessary for the different depart- 
ments when they desire to have legal proceedings instituted, to 
send the papers to the Department of Justice, which, in turn, for- 
wards them to the appropriate United States Attorneys with in- 
structions, if the class of cases has not already been the subject 
of well-defined procedure, to investigate and report to the Depart- 
ment, or if the case in question is one in which the procedure has 
been well defined, to proceed at once in the courts for the purpose of 
enforcing the law. 

THE UNITED STATES ATTORNEYS. 

The position of District Attorney of the United States was estab- 
lished under the terms of the first judiciary Act, that of September 
24, 1789, which provided that there should be appointed for each 
district, with three exceptions, a person learned in the law to act 
as attorney for the United States in such district. In Alabama, 
Georgia, and South Carolina, one District Attorney in each State 
was required to serve for two districts. This, however, of course, 
has been remedied by subsequent appointments of a District Attorney 
for each District throughout the United States. District Attorneys 
are appointed by the President by and with the advice and consent of 
the Senate, and for a term of four years. At the expiration of their 
commissions, their positions were formerly required to cease and 
determine, but by later legislation they continue to discharge the 
duties of their office until their successors are app>ointed and quali- 
fied. In case, however, of an actual vacancy, the court has power 



536 THE AMERICAN GOVERNMENT. 

to appoint a temporary District Attorney until the appointing power 
acts in the premises. District Attorneys were formerly compensated 
by fees, but in 1896, legislation directed that while fees were still 
to be taxed, they should be returned to the United States, ex- 
ception being made, of course, that fees shall not be taxed against 
the United States, and the District Attorneys, in lieu of the previous 
compensation by fees, are paid fixed salaries, which are determined 
by law as follows : 

For the northern and middle districts of the State of Albama, 
each four thousand dollars; for the southern district of the State 
of Alabama, three thousand dollars ; for the Territory of Arizona, 
four thousand dollars ; for the eastern and western districts of 
Arkansas, each four thousand dollars ; for the northern district of 
California, four thousand five hundred dollars; for the southern 
district of California, four thousand dollars ; for the district of 
Colorado, four thousand dollars ; for the District of Columbia, six 
thousand dollars; for the district of Connecticut, two thousand 
five hundred dollars; for the district of Delaware, two thousand 
dollars; for the northern and southern districts of Florida, each 
three thousand five hundred dollars; for the northern district of 
Georgia, five thousand dollars ; for the southern district of Georgia, 
three thousand five hundred dollars ; for the district of Idaho, four 
thousand dollars ; for the southern and eastern districts of Illinois, 
each five thousand dollars ; for the district of Indiana, five thousand 
dollars ; for the northern and southern districts of Iowa, each four 
thousand five hundred dollars ; for the district of Kansas, four 
thousand five hundred dollars ; for the eastern and western districts 
of Kentucky, each five thousand dollars ; for the eastern district of 
Louisiana, three thousand five hundred dollars ; for the western 
district of Louisiana, two thousand five hundred dollars; for the 
district of Maine, three thousand dollars; for the district of Mary- 
land, four thousand dollars ; for the district of Massachusetts, five 
thousand dollars ; for the eastern district of Michigan, four thousand 
dollars; for the western district of Michigan, three thousand five 
hundred dollars; for the district of Minnesota, four thousand dol- 
lars; for the northern and southern districts of Mississippi, each 
three thousand five hundred dollars; for the eastern and western 



THE AMERICAN GOVERNMENT. 537 

districts of Missouri, each four thousand five hundred dollars; for 
the district of Montana, four thousand dollars ; for the district of 
Nebraska, four thousand dollars; for the district of Nevada, three 
thousand dollars ; for the district of New Hampshire, two thousand 
dollars ; for the district of New Jersey, three thousand dollars ; for 
the district of New Mexico, four thousand dollars ; for the northern, 
western and eastern districts of New York, each four thousand five 
hundred dollars; for the eastern district of North Carolina, four 
thousand dollars ; for the western district of North Carolina, four 
thousand five hundred dollars ; for the district of North Dakota, four 
thousand dollars; for the northern and southern districts of Ohio, 
each four thousand five hundred dollars ; for the eastern district 
of Oklahoma, four thousand dollars; for the western district of 
Oklahoma, five thousand dollars; for the district of Oregon, four 
thousand five hundred dollars ; for the eastern, middle, and western 
districts of Pennsylvania, each four thousand five hundred dollars ; 
for the district of Rhode Island, two thousand five hundred dollars ; 
for the eastern and western districts of South Carolina, four thou- 
sand five hundred dollars, two thousand five hundred dollars of 
which shall be for the performance of the duties of district attorney 
for the western district ; for the district of South Dakota, four thou- 
sand dollars ; for the eastern, middle, and western districts of Ten- 
nessee, each four thousand five hundred dollars ; for the northern and 
southern districts of Texas, each three thousand five hundred dollars ; 
for the eastern and western districts of Texas, each four thousand 
dollars ; for the district of Utah, four thousand dollars ; for the dis- 
trict of Vermont, three thousand dollars ; for the eastern district 
of Virginia, four thousand dollars ; for the western district of Vir- 
ginia, four thousand five hundred dollars ; for the eastern and west- 
ern districts of Washington, each four thousand five hundred dollars ; 
for the northern and southern districts of West Virginia, each four 
thousand five hundred dollars ; for the eastern and western districts 
of Wisconsin, each four thousand dollars ; and for the district of 
Wyoming, four thousand dollars. Only the southern district of New 
York and the northern district of Illinois are exempted from the 
list, the salaries of the district attorneys in those districts being $12,- 
000 in each case respectively. Assistant district attorneys are pro- 



538 THE AMERICAN GOVERNMENT. 

vided by the attorney general, one or more in number in each dis- 
trict, and the necessity for the appointment of such assistants must 
be certified by the district judge. Appointments are authorized by 
the Attorney General in his discretion, however, and the officials ap- 
pointed may be named directly by the Attorney General, although it 
is usual to accept the recommendation of the district attorney as 
to his assistants. The salary of the assistant district attorney is 
also fixed by the Attorney General, but cannot exceed $2,500 ex- 
cept in the northern district of Illinois and the southern district 
of New York, in which districts the limit of salaries has been 
removed by the special legislation. It is required by law that assist- 
ant district attorneys must be residents of the district in which 
they are appointed, and the Attorney General is authorized to fix 
and declare the place of the official residence of the district at- 
torney and his assistants respectively. It is the duty of district 
attorneys to prosecute all delinquents for crimes against the 
United States which may occur in his district, and also all civil 
actions in which the United States is concerned. Unless he is 
otherwise instructed by the Secretary of the Treasury, he is also 
required to appear in behalf of any officers of the revenue in 
proceedings brought against them for any act performed or for 
the recovery of any money paid to such officers and by them paid 
into the treasury of the United States. District attorneys are 
also required to furnish assistance in relation to the determina- 
tion of titles to land within their district which is sought to be 
acquired for the United States and also to appear in behalf of an 
officer of either house of Congress in any action which may be 
brought against him on account of acts performed while the said 
officer was in discharge of his duty. 

District Attorneys upon instituting any action for the recov- 
ery of a fine, penalty or forfeiture, are required to make a state- 
ment in connection with the matter to the Secretary of the Treas- 
ury and at the end of every term of court to make a report, ac- 
companied by a certificate of the Clerk of the Court, of the cases 
affecting the revenues decided during the term and the cases 
pending at the close of the term. Similar reports with regard to 
cases affecting the postal revenues are required to be made by 



THE AMERICAN GOVERNMENT. 539 

the United States Attorney and by departmental regulations attor- 
neys are required to furnish reports of all cases instituted of what- 
ever character, and of the successive steps in the litigation, in order 
that the dockets of the Department of Justice may be kept up. 
The latter are under the supervision of a Docket Clerk, who is an 
official of the department proper, and show in detail all proceed- 
ings undertaken by District Attorneys on behalf of the United 
States in the different courts, as well as all special proceedings 
under the direction of the Treasury and Post Office departments, 
together with the successive steps in each litigation, so that the 
whole constitutes a complete record of the status of every case 
in which the United States is a party. 

As originally contemplated, the District Attorneys had prac- 
tically independent powers within their districts and to a certain 
extent retain such powers to the present time, although there is 
an increasing supervision and direction exercised by the Depart- 
ment of Justice over their operations and functions. The Dis- 
trict Attorney is, of course, a sworn officer of the court in which 
he practices on behalf of the United States and the chief prose- 
cuting officer of the Government. Violations of the law are in 
the majority of cases brought directly to the attention of the 
District Attorney and prosecuted by him without reference to the 
Department of Justice, except that the docket report before men- 
tioned is made, and instructions are secured in unusual cases. 
No extra compensation can be allowed a District Attorney for 
services in the line of his duty, nor can he be authorized to em- 
ploy special attorneys for the examination of land titles. Extra 
assistance besides his regular assistant may be provided by the 
Attorney General, but cannot be directly engaged by the District 
Attorney. In addition to his compensation the District Attor- 
ney receives reimbursement for his expenses in amounts not ex- 
ceeding $4 a day and transportation when actually traveling on 
business of the court and going to and from places of holding 
court other than his official residence, and also while traveling 
for the purpose of attending hearings before United States Com- 
missioners. Assistant United States Attorneys are also allowed 
expenses within the same limit. Reimbursement for expenses in- 



540 THE AMERICAN GOVERNMENT. 

curred in traveling are secured by accounts rendered in duplicate 
to the department and accompanied by vouchers authenticating" 
the expenditures charged for. 

United States Attorneys and their assistants are not required to 
give their exclusive services, but may engage in private law practice 
which does not conflict with their official duties. They are, how- 
ever, not allowed to appear as counsel before state legislatures or 
take any undue part in influencing state legislation and are strictly 
prohibited from representing even indirectly an adverse interest to- 
the United States. 

Besides the Assistant United States Attorneys, District Attor- 
neys are furnished in the discretion of the Attorney General with 
a clerical force of such amount and at such compensation as may 
seem to be warranted by the business of the district. When per- 
mission is granted the District Attorney to take his clerk to 
court, the expenses of the clerk are paid in amounts not exceed- 
ing $2 a day and railroad fare. The office expenses of District 
Attorneys are also fixed and allowed by the Attorney General, 
it being usual, however, to authorize reasonable expenses when 
requested by the District Attorneys. Other expenses which are 
authorized by the department are for stenographers to take tes- 
timony in court, for experts and interpreters, and for the print- 
ing of records and briefs, and the cost of furnishing and collect- 
ing evidence. The cost of these services in some instances 
amounts to considerable sums, but in every case, whether the 
expenditure involved is small or large, authority therefor must 
be secured from the Department of Justice before it can be 
legally undertaken. The actual payment of amounts due under 
such authorization is, however, not made by the District Attor- 
ney, but the sums are paid by the marshal, who acts as the dis- 
bursing officer for the purpose and for the payment of witness 
fees and other court expenses. District Attorneys are required 
to obtain permission from the Attorney General before absent- 
ing themselves from their respective districts for any purpose, 
and two classes of such permissions are requested, one to be ab- 
sent on official business and on orders, in which case expenses 
are allowed ; and the other to be absent on personal business. 



THE AMERICAN GOVERNMENT. 541 

such authorization carrying with it no right to receive expenses, 
and to be effective only when pubHc business will permit the 
absence of the legal officer. There are special provisions in the 
statutes requiring District Attorneys to take particular cognizance 
of offenses against persons under the Civil Rights bill, and also 
to inquire into and take proceedings against persons who make 
false claims against the United States. In prize causes it is the 
duty of the District Attorney to represent and protect the interest 
of the United States and the captor of the prize, and also to make 
to the Secretary of the Navy statements of the conditions of all 
such causes pending, at least once in three months, when there 
are any such causes in the courts of the United States. In all 
States and Territories where there are Indian reservations or 
allotted Indian lands, the District Attorneys are required to rep- 
resent such wards of the nation in any proceeding which they 
may bring or which may be brought against them. When cases 
are brought against Chinese persons alleged to be unlawfully in 
the United States within any district, the District Attorney is 
empowered to designate the United States Commissioner be- 
fore whom the hearing required by law shall be held and to re- 
port his selection of such Commissioner at once to the Depart- 
ment of Justice. 

Special reports are required from the District Attorneys of cases 
decided in the District and Circuit Courts which the District Attorney 
deems of sufficient importance to warrant an appeal to the Court of 
Appeals or the Supreme Court. He is especially charged with mak- 
ing such a report in customs cases and immediately in order that 
there may be sufficient time to consider an appeal within the thirty 
days allowed by law for such action. Questions relating to the ap- 
peal of cases, especially to the Supreme Court, are closely followed 
by the Department proper and the District Attorneys are required to 
furnish the Department as promptly as possible with all data relative 
to such appeals and the cases upon which they are based. The work 
of conducting such appeals is entrusted to one of the Assistant At- 
torneys General and for his information and in order that no point 
may be neglected District Attorneys are required to be full and exact 
in their returns of cases and of all the points involved therein. 



542 THE AMERICAN GOVERNMENT. 

District Attorneys are required to keep appropriate books of rec- 
ord of the cases under their control, including a docket of criminal 
cases, a civil docket, a docket of cases brought before the Grand 
Jury, a witness docket, detailing the names of witnesses called and a 
register of complaints. The District Attorney or his properly ap- 
pointed Assistant is the only official except the Judge and the re- 
cording official who can appear before a United States Grand Jury, 
the proceedings of which are conducted in close secrecy. Informa- 
tion as to alleged illegal acts in the nature of crimes and offenses 
against the Federal law is presented by the District Attorney or his 
assistant to the Grand Jury of twenty-four persons, and upon the 
vote of more than twelve of the jurymen indictments are returned 
upon which the defendants are tried in the District Courts. The reg- 
ister of complaints kept by the District Attorney includes entries of 
all complaints made to the office of the Attorney, whether by officials 
or others, and a record whether prosecution has been had or not. 

i MARSHALS OF THE UNITED STATES. 

I 

/ For each of the judicial districts of the United States there is ap- 
pointed a United States Marshal who serves for a term of four years, 
and is appointed by the President, by and with the advice and con- 
sent of the Senate. Marshals are required to take an oath to faith- 
fully execute all lawful precepts directed to them, to perform all 
things well and truly and without malice or partiality, pertaining to 
the office of marshal and charge no more than the lawful fees. Every 
marshal must give a bond of at least $20,000, and if the business of 
the court in the district to which the marshal is appointed requires a 
larger bond the Attorney General may require the giving of such 
surety as may cover the amount of business transacted by the marshal 
and safeguard the money which he may be expected to have in his 
possession at any time as the result of the service of the various pro- 
cesses. The bond of a United States Marshal is conditioned upon the 
proper performance of his duty by the officer, and if he takes any ille- 
gal action, such as a wrongful seizure of property, he is liable under 
his bond to the party wronged in damages to repair the injury done, 
No suit on the bond of a marshal can, however, be instituted after 
six years from the time when the right of action accrued, except in 



THE AMERICAN GOVERNMENT. 543 

the case of infants, married women and insane persons who may sue 
within three years after their disabilities to sue have been removed. 
United States Marshals have in each State the same powers in ex- 
ecuting the laws of the United States which are possessed by the 
sherififs of the State in the execution of the State laws. Marshals 
are required to attend either personally or by deputies the sittings of 
the District and Circuit Courts in their district and to execute 
throughout the district all lawful precepts which may be directed to 
them. United States Marshals have power to command all the nec- 
essary assistance which may be required for the execution of the 
duty of the marshal and can swear in such number of special depu- 
ties and command the service of the posse in accordance with the 
prerogative conferred upon sheriffs and similar officers of the peace, 
When judgments from the United States courts for the recovery of 
moneys due the United States under process which has been com- 
menced by the direction of the Solicitor qf the Treasury are given to 
a marshal for service, he is required to report to the Solicitor of the 
Treasury what proceedings he has taken with regard to the collection 
of such judgments, and in case of a collection on account of the 
postal revenues a similar report must be made to the Auditor of 
the Post Office Department of the various steps under the authority 
of the judgment writ and of the amount of money actually collected 
for the benefit of the Treasury of the United States. The salaries of 
United States Marshals are fixed by law in lieu of the fees which 
they were formerly permitted to retain and are as follows: 

For the northern and middle districts of the State of Alabama, each, four 
thousand dollars; for the southern district of the State of Alabama, three 
thousand dbllars ; for the Territory of Arizona, four thousand dollars ; for 
the eastern and western districts of Arkansas, each four thousand dollars; 
for the northern and southern districts of California, each four thousand 
dollars ; for the district of Colorado, four thousand dollars ; for the district 
of Connecticut, two thousand dollars ; for the district of Delaware, two 
thousand dollars; foi the District of Columbia, five thousand five hundred 
dollars ; for the northern and southern districts of Florida, each, three thou- 
sand dollars ; for the northern district of Georgia, five thousand dollars ; for 
the southern district of Georgia, three thousand five hundred dollars; for the 
district of Idaho, four thousand dollars; for the northern district of Illinois, 
five thousand dollars; for the eastern and southern districts of Illinois, each, 
four thousand five hundred dollars; for the district of Indiana, four thousand 



544 THE AMERICAN GOVERNMENT. 

five hundred dollars ; for the northern and southern districts of Iowa, each, 
four thousand dollars; for the district of Kansas, four thousand dollars; for 
the eastern and western districts of Kentucky, each, five thousand dollars; 
for the eastern district of Louisiana, three thousand dollars ; for the western 
district of Louisiana, two thousand five hundred dollars; for the district of 
Maine, three thousand dollars; for the district of Maryland, three thousand 
five hundred dollars; for the district of Massachusetts, five thousand dollars; 
for the eastern district of Michigan, four thousand dollars ; for the western 
district of Michigan, three thousand dollars ; for the district of Minnesota, 
four thousand dollars ; for the northern and southern districts of Mississippi, 
each, three thousand dollars ; for the eastern and western districts of Missouri, 
each, four thousand dollars ; for the district of Montana, three thousand five 
hundred dollars ; for the district of Nebraska, four thousand dollars ; for 
the district of Nevada, two thousand five hundred dollars ; for the district of 
New Hampshire, two thousand dollars ; for the district of New Jersey, three 
thousand dollars ; for the district of New Mexico, four thousand dollars ; 
for the northern, southern, and western districts of New York, each, five 
thousand dollars; for the eastern district of New York, four thousand dol- 
lars; for the eastern district of North Carolina, four thousand dollars; for the 
western district of North Carolina, four thousand five hundred dollars; for 
the district of North Dakota, four thousand dollars; for the northern and 
southern districts of Ohio, each, four thousand dollars ; for the eastern dis- 
trict of Oklahoma, four thousand dollars ; for the western district of Okla- 
homa, five thousand dollars; for the district of Oregon, four thousand dol- 
lars; for the eastern, middle, and western districts of Pennsylvania, each, 
four thousand dollars ; for the district of Rhode Island, two thousand dollars ; 
for the eastern and western districts of South Carolina, four thousand five 
hundred dollars, two thousand five hundred dollars of which shall be for the 
performance of the duties of marshal of the western district; for the district 
of South Dakota, four thousand dollars; for the eastern, middle, and western 
districts of Tennessee, each, four thousand dollars; for the northern and 
eastern districts of Texas, each, three thousand dollars ; for the western 
district of Texas, four thousand dollars; for the southern district of Texas, 
three thousand five hundred dollars; for the district of Utah, three thousand 
five hundred dollars ; for the district of Vermont, two thousand five hundred 
dollars ; for the eastern district of Virginia, three thousand five hundred dol- 
lars; fot the western district of Virginia, four thousand dollars; for the 
eastern and western districts of Washington, each, four thousand dollars; 
for the northern and southern districts of West Virginia, each, four thousand 
dollars; for the eastern and western districts of Wisconsin, each, four thou- 
sand dollars; for the district of Wyoming, three thousand five hundred dol- 
lars. 

In case of a vacancy in the office of marshal the Circuit Justice of 
the Circuit in which the vacancy occurs may make an appointment in 



THE AMERICAN GOVERNMENT. 545 

writing of a temporary incumbent, the latter being required to file a 
bond to be approved by the Justice as in the case of Presidential ap- 
pointments. Besides his salary a United States Marshal is entitled 
to expenses not to exceed four dollars a day when attending court at 
a place other than his official residence, and also when serving pro- 
cesses or otherwise necessarily absent from his place of official resi- 
dence on official business. In addition he is allowed his actual nec- 
essary traveling expenses, the expense amount previously named be- 
ing for lodging and subsistence, while away from his official resi- 
dence, and when traveling with prisoners a marshal is allowed ex- 
penses and the necessary guard hire. The official residence of a mar- 
shal must be at one of the places of holding court in the District and 
the selection of the place is made by the Attorney General, due re- 
gard being had to the requirements of official business, but being 
fixed at the marshal's usual place of residence if practicable. Mar- 
shals are expected to attend personally to the duties of their office 
and to oversee the operations and accounts of their deputies, not 
leaving such functions to other persons. 

The assistants of United States Marshals are styled deputies and 
are of two classes, office deputies, and field deputies. Office deputies 
are appointed for the purpose of carrying on the clerical work of the 
marshal's office and for the performance of official duties not per- 
formed by field deputies and are compensated by salaries fixed by the 
Attorney General. The chief of the office deputies of a marshal has 
general supervision over the accounts and business of the office and 
as a rule attends to all accounting with the assistance of such addi- 
tional office deputies as may be assigned to this work. Other office 
deputies may be assigned to the serving of process, the position 
of field deputies being changed into office deputies when for a special 
reason satisfactory compensation cannot be made to deputy marshals 
under the fee system. The greater part of the work relative to the 
serving of processes is, however, performed by field deputies who 
are appointed by the marshal with the approval of the Attorney Gen- 
eral who is empowered by law to cancel any appointment of a field 
deputy made by a marshal and at any time. Office deputies are 
appointed by the Attorney General on the recommendation of the 
marshal, and marshals can employ only such office deputies and 



546 THE AMERICAN GOVERNMENT. 

clerical assistants, and at such compensation as the Attorney General 
may authorize. The position of chief office deputy is distinct from 
and superior to that of office deputy, but the promotion is made by 
the marshal, who must notify the Department of the selection of a 
person as chief office deputy. The marshal is entirely responsible 
for the acts of his deputies, and is liable on his bond for any illegality, 
as in the case of his own malfeasance or misfeasance in office. The 
terms of office of all deputies terminate with the term of office of 
the marshal by whom they are appointed, and if a new marshal 
desires to retain the services of former deputies new appointments 
are required. Office deputies may perform the service of bailiffs and 
criers of the court, but when they do so it must be without additional 
compensation, and if compensation is received the salary of the 
deputy will be correspondingly decreased. Criers, not deputy mar- 
shals, are appointed upon recommendation of the court, and their 
salaries are fixed by the Attorney General, to be paid out of the ap- 
propriation for the payment of court expenses. The appointment of 
field deputies by the marshal is dependent upon the exigencies of the 
service as he may deem them to exist, and may be either such num- 
ber as may be needed to serve the processes occurring in the district, 
or may be an additional number of special deputies to enforce the 
performance of an order of court. Regular field deputies are lo- 
cated at various places throughout the district and are assigned to 
specific sections of territory. When more field deputy marshals are 
appointed than the public interest requires, the Attorney General 
will cancel the appointments. 

The field deputy marshal receives as his compensation three- 
fourths of the gross fees which are earned by him in the serving of 
the various processes, but not exceeding $1,500 for each year. The 
additional one-fourth and fees in excess of the amount which would 
pay the field deputy $1,500 are turned into the Treasury of the 
United States. In addition to the foregoing, field deputies, when 
endeavoring to arrest persons are allowed actual necessary ex- 
penses, not exceeding $2.00 a day. As the field deputy marshal has 
to pay his own expenses while earning the fees from which he re- 
ceives a maximum of $1,500 a year, with the slight additional revenue 
from endeavoring to arrest persons, the Attorney General is given 



THE AMERICAN GOVERNMENT. 547 

discretion to make an additional allowance over the maximum so 
that a field deputy marshal can earn from three-fourths of the fees 
which result from the service of the various processes, at the out- 
side, $2,500 a year. Owing to the increase in expenses of serving 
processes due to the fact that all railroad fares must now be paid, 
whereas the field deputies formerly traveled on passes, a consider- 
able decrease in the net results is experienced, so that a field deputy 
is required to expend more money to secure the same amount result- 
ing from the three-fourths of the fees earned. A proposition is 
therefore made that field deputies shall receive the entire amount 
of the fees earned by them instead of three-fourths, as at the present 
time. When a field deputy under the present system has earned 
the maximum of $1,500 before the end of the fiscal year, he must 
serve the rest of the year in order to secure the full amount due to 
him, as he cannot receive the full amount during the first part of 
the year, and then resign, but must continue in order to get his max- 
imum until the close of the fiscal year. The extension of the com- 
pensation of a field deputy marshal from the statutory limit of $1,500 
to the permissive limit of $2,500 is made upon the basis of a show- 
ing of business done, and when the United States profits by the 
services of the field deputy, considerably beyond the amount of earn- 
ings which would be represented by the maximum of $1,500. 

United States marshals render service not only to the United 
States in serving processes in which the government is interested, 
but also serve processes for private litigants in United States courts. 
Before rendering service other than for the United States, however, 
the marshal must exact a deposit or bond sufficient to cover his fees 
and costs in the case unless the party for whom the process is served 
comes within the provision of law relative to those suing as poor 
persons. Bonds must be especially so drawn as to cover the pay- 
ment of all costs which may accrue to the United States. The amounts 
returned by marshals and their deputies in serving process consist 
of fees and mileage, the fees being fixed for the performance of each 
several acts and the mileage being according to law in the ac- 
companying fee table. When writs are served on account, both of 
the United States and of private persons on the same trip, the mile- 
age is charged to the individual where it is identical with the mile- 



548 THE AMERICAN GOVERNMENT. 

age traveled in serving the writ for the United States. In the dis- 
tricts of Oregon, Nevada, New Mexico, Arizona, Wyoming, Idaho, 
and North Dakota double fees are imposed on account of the extra 
expenses of travel in those States under former conditions. All 
fees collected by the marshal and his deputies from individuals and 
corporations are paid to the clerk of the court and all fees earned on 
account of process served in behalf of the United States are re- 
turned in the marshal's account, and those which have been earned 
by field deputies together with the amounts returned as having been 
collected from individuals and corporations are made the basis of the 
computation of the money to be received by the field deputy as his 
compensation. Penalties are imposed by the statute for failure to 
account for fees and for false returns upon which excessive amounts 
may be collected from the United States. In connection with the 
duty of the marshal to serve processes it frequently becomes neces- 
sary for him to seize goods and to take other steps for the removal 
of property from the custody of persons claiming the ownership 
thereof. Should such removal be found to be illegal the persons 
from whom the goods were taken have a recourse against the mar- 
shal who must in order to protect his bond require a bond from the 
person in whose behalf the process was served. In case of capture 
of vessels as prizes, or the seizure of property alleged to have been 
used in behalf of insurrectionary forces the marshal has custody 
under the direction of the prize court of the property in question and 
carries out the judgment of the court in selling the property and in 
depositing the proceeds with the Clerk of the Court for due dis- 
tribution according to decree. 

The fees allowed marshals and their deputies are as follows : 

For service of any warrant, attachment, summons, capias, or other writ, 
except execution, venire, or a summons or subpoena for a witness, two dollars 
for each person on whom service is made. 

For the keeping of personal property attached on mesne process, such com- 
pensation as the court, on petition setting forth the facts under oath, may 
allow. 

For serving venires and summoning every twelve men as grand or petit 
jurors, four dollars, or thirty-three and one-third cents each. 

For holding a court of inquiry or other proceedings before a jury, in- 
cluding the summoning of a jury, five dollars. 



THE AMERICAN GOVERNMENT. 549 

For serving a writ of subpoena on a witness, fifty cents ; and no further 
compensation is allowed for any copy, summons, or notice for a witness. 

For serving a writ of possession, partition, execution, or any final process, 
and for making the service, seizing or levying on property, a fee of two dol- 
lars, and the same mileage as is allowed for the service of any other writ; 
and for advertising and disposing of the same by sale, set off, or otherwise 
according to law receiving and paying over the money, a fee of two dollars, 
and a commission of two and one-half per centum on any sum under five 
hundred dollars, and one and one-fourth per centum on the excess of any 
sum over five hundred dollars. 

For each bail bond, fifty cents. 

For summoning appraisers, fifty cents each. 

For executing a deed prepared by a party or his attorney, one dollar. 

For drawing and executing a deed, five dollars. 

For copies of writs or papers furnished at the request of any party, ten 
cents a folio. 

For every proclamation in admiralty, thirty cents. 

For serving an attachment in rem or a libel in admiralty, two dollars. 

For the necessary expenses of keeping boats, vessels, or other property 
attached or libeled in admiralty, not exceeding two dollars and fifty cents a 
day. 

When the debt or claim in admiralty is settled by the parties without a 
sale of the property, the marshal is entitled to a commission of one per 
centum on the first five hundred dollars of the claim or decree, and one-half 
of one per centum on the excess of any sum thereof over five hundred 
dollars. 

For sale of vessels or other property under process in admiralty, or under 
the order of a court of admiralty, and for receiving and paying over the 
money, two and one-half per centum on any sum under five hundred dollars, 
and one and one-quarter per centum on the excess of any sum over five 
hundred dollars. 

For expenses while employed in endeavoring to arrest, under process, any 
person charged with or convicted of a crime, the sum actually expended, not 
to exceed two dollars a day, in addition to his compensation for service and 
travel. 

For every commitment or discharge of a prisoner, fifty cents. 

For transporting criminals, ten cents a mile for himself and for each 
prisoner and necessary guard ; except when actual expenses are allowed. 

For attending examinations before a commissioner, or other committing 
magistrate, and bringing in, guarding, and returning prisoners charged with 
crime, and witnesses, two dollars a day; and for each deputy not exceeding 
two, necessarily attending, two dollars a day. 

For travel in going only, to serve any process, warrant, attachmtnt, or other 
writ, including writs of subpoena in civil or criminal cases, six cents a mile 
for every mile actually and necessarily traveled. 



550 THE AMERICAN GOVERNMENT. 

The United States marshals are the principal disbursing officers 
of United States Courts and pay the various expenses under the 
following appropriations, namely ; salaries, fees and expenses of mar- 
shals, fees of jurors, fees of witnesses, support of prisoners, fees of 
bailiffs, etc., and miscellaneous expenses of the Court. The marshal 
is required upon the order of the Court to pay to the juror and to the 
witnesses' the fees to which they are entitled by reason of their ser- 
vice. No person can be summoned as a juror in a Circuit or District 
Court more than once in two years and the names are drawn public- 
ly both for grand and petit jurors from a box containing the names 
of not less than 300 persons which have been placed in the box by 
the Clerk of the Court and by a jury commissioner, who is required 
to be a citizen of good standing in the district in which the court is 
held, and a well known member of the opposite political party to 
that to which the Clerk may belong. The Clerk and the Commis- 
sioner place one name in the box alternately until the number of 300 
has been reached. If so directed by the court the names of jurors 
can be drawn from boxes used by State authorities in selecting jurors 
in the highest courts of the States. Jurors must be returned so as 
to be most favorable to an impartial trial and also so as not to make 
the attendance of the jurors unduly expensive. Jurors receive $3.00 
per day for attendance at court, including the time spent in going 
and coming. Those who reside at the point of holding court are not 
entitled to per diem on the days in which the court is not in session. 
Mileage is also allowed at the rate of five cents a mile for the dis- 
tance traveled going and coming, except in certain States where travel 
must be performed by other conveyance than railroad or steamboat^ 
in which States mileage is allowed at the rate of fifteen cents a mile. 
Witnesses are entitled to $1.50 a day for each day's attendance at 
court and five cents a mile going and returning. If, however, a 
person attends court as both a witness and a juror he can only se- 
cure one mileage. Witnesses do not receive compensation for the 
time taken in going from and coming to court or for days when the 
court is not in session. Clerks and officers of the United States who 
are required to go from their usual place of business to attend court 
receive their expenses for such attendance, but no mileage or addi- 
tional compensation. When an officer of a department is paid a per 



THE AMERICAN GOVERNMENT. 551 

diem for expenses in addition to his salary, he cannot receive ex- 
penses for appearing as a witness in any United States Court. It 
would appear that Internal Revenue officers being required by law 
to use their efforts to punish offenders against the internal revenue 
laws as a part of their official duties are paid for attendance at court 
by their official compensation only and are not entitled to witness 
fees and mileage. In order to decrease the expenses of hearings 
before United States Commissioners the fees of not more than four 
witnesses can be taxed against the United States in such a hearing 
unless the District Attorney certifies that the presence and testimony 
of more than four are necessary. 

The marshals of the United States have the custody of prisoners 
who may be awaiting trial in the United States courts and who are 
detained in the absence of a United States jail at the point at which 
the marshal performs his duties in such county or State institution as 
the marshal may select, commitment being made on the order of the 
marshal or his deputy and releases upon duly authorized release 
cards. The bills for the subsistence of prisoners so detained await- 
ing trial are paid by the marshal out of the appropriation for the 
support of prisoners. In addition to these payments for the support 
of prisoners the marshals are required to keep account of the prison- 
ers confined under sentence from United States Court in State in- 
stitutions in their district and to pass upon the bills rendered for the 
support of such prisoners. United States marshals disburse sums 
out of the appropriations pay of bailiffs, etc., United States Courts, 
for the pay of bailiffs and criers in attendance upon the court. Bailiffs 
are appointed by the marshals to keep order in the court, to have the 
custody of the prisoners and perform similar services. Criers are 
appointed by the Judges, the position of crier being personal to the 
Judge and representing the official dignity of the latter. Bailiffs and 
criers are allowed $2.00 a day and not more than three bailiffs and 
one crier are allowed for each court except in the Southern District 
of New York, where five are allowed. Bailiffs and criers are paid 
only for actual attendance, but when they are directed to be present 
by order of the Court they are deemed to be in attendance even 
though no sitting of the court is held. The employment of a bailiff 



552 THE AMERICAN GOVERNMENT. 

does not necessarily terminate upon the expiration of the term of 
the marshal who employed him. 

The expenses for travel and attendance of district judges 
directed to hold court outside of their district is paid by the 
marshal upon the written certificate of the judge not to exceed 
$10 a day. The expense of furnishing meals and lodging for 
jurors in United States cases and for bailiffs who attend upon the 
juries is paid by the marshal when so ordered by the court. The 
expense of lodging and feeding juries in other than United States 
cases in the Courts of the United States cannot be met from any 
appropriation and must be taxed as a part of the costs. Jury 
commissioners who are appointed by the judges receive a com- 
pensation of $5 per day, but can be paid only for three days for 
any one term of court. No mileage or other allowance can be 
made or paid to a jury commissioner. Miscellaneous expenses 
paid for by the marshal as disbursing officer include the cost of 
interpreters and of messengers to judges when employed by 
direction of the Attorney General, the payments for expert 
services and testimony, for record books, for clerks, and the ex- 
penses for taking juries to view lands in condemnation cases, 
and also including expenses for advertising and for the tele- 
grams of Judges. For all of these expenses the marshal dis- 
burses the amounts which may be shown to be due by the appro- 
priate vouchers and he is supplied by the Treasury Department 
on requisition of the Department of Justice with such amounts 
in advance of expenditure as may be necessary for him to meet 
the payments involved promptly. The amounts which may be 
necessary to defray the expenses of witnesses in any case. is, of 
course, indeterminate, and the total amount which must be 
covered by this annual appropriation cannot be foreseen, so that 
it is for a large amount and general in terms so as to cover a 
large variety of contingencies. It frequently happens that it is 
necessary for the marshal to requisition by wire for considerable 
amounts of money in order to pay the per diems and mileage of 
witnesses and jurors and arrangements are made by which the 
telegraph can be utilized in placing the advances to the credit 



THE AMERICAN GOVERNMENT. 553 

of marshals for the purposes named. All expenditures made by 
the marshals must be carefully accounted for and the transcript 
of accounts accompanied by vouchers and if in any case the marshal 
is unable to make satisfactory explanation for any expenditure 
or to show authority by law or an adequate voucher the amount is 
checked against him and must be reimbursed by him to the 
Government. 

It sometimes occurs that a marshal must make expenditures for 
the preservation of the peace of the United States which are not 
covered by the terms of any appropriation. The President is 
given power by statute to approve such expenditures on being 
advised of the character of the emergency requiring it and his 
approval is equivalent to Congressional appropriation in validat- 
ing the payment of the amount involved from the Treasury. 

THE SUPERINTENDENT OF PRISONS AND PRISONERS. 

Under the provisions of the considerable number of Federal 
statutes prescribing imprisonment as a punishment for crimes 
and misdemeanors a large number of persons are convicted 
annually, and it was formerly the universal practice to make 
arrangement with State institutions for the confinement of United 
States prisoners. A number of years ago, however, there was 
commenced near the old military prison at Fort Leavenworth, 
Kansas, which had formerly been used by the United States as 
a place of incarceration for Indian Territory and other prisoners 
from nearby districts, a Federal penitentiary, and this was fol- 
lowed by the establishment of another Federal penitentiary at 
Atlanta, Ga. Portions of these institutions were built under 
conditions of contract construction, but as soon as a sufficient num- 
ber of buildings were erected to provide for the accommodation of 
prisoners the prison labor was utilized, and the continuance of the 
building of the institution is going on by means of the labor of the 
inmates. Several years' work yet remains before the institutions 
referred to will be completed, but it is the purpose to ultimately con- 
fine all United States prisoners in Federal penitentiaries. Those now 
so confined include long term and life sentence prisoners, together 
with such prisoners as may seem to be best calculated to be useful 



554 THE AMERICAN GOVERNMENT. 

in connection with the work of building now going on. For other 
prisoners and for women prisoners arrangements are made with the 
different state penitentiaries for their care at a sum per diem for 
subsistence and clothing. The prisoners can be cared for under this 
system at a smaller expense than at Federal penitentiaries, for the 
reason that they are utilized in the state penitentiaries in doing con- 
tract work which reduces the amount charged for their support. 
The contract system, however, involves so many different conditions 
of treatment of United States prisoners that it is felt to be undesir- 
able, and it is the policy of the Government at the present time to 
reduce the number of prisoners so held as much as possible and to 
substitute a Federal system for the contract system now partially in 
vogue. Besides the two Federal penitentiaries, the United States 
maintains a small penitentiary at McNeil Island, Washington, for 
prisoners from the Pacific Coast, together with jails in Alaska and 
in the territories. The penitentiaries at Leavenworth and at Atlanta 
are under the supervision of regular wardens, but the smaller Fed- 
eral institutions are directed by the United States marshals, a deputy 
marshal or custodian being in charge under the orders of the marshal 
of the district. The penitentiaries have the usual organization, and the 
whole system is under the direction of the Superintendent of Prisons 
and Prisoners who is located at Washington and is appointed 
by the Attorney General, receiving a salary of $3,500 a year. He 
has supervision of all matters relating to the different prisons and 
to the transfer of prisoners and makes the contract arrangements 
for the support of United States prisoners at the institution. All 
contracts for supplies and materials are arranged for by the Super- 
intendent who advertises for bids, opens the same and awards the 
contract after having secured the recommendation of the officers who 
have applied for the supplies or materials. The work of building 
the penitentiaries is in general charge of an architect but the actual 
work of construction is directed by a Superintendent of construc- 
tion upon the ground who has a force of employed foremen and 
instructors who direct the work of the prison labor. 

In connection with the office of the Superintendent of prison 
and prisoners there is maintained a system of identification after 
the Bertillon method, the files containing identification cards for all 



THE AMERICAN GOVERNMENT. 555 

United States prisoners and being intended for exchange and com- 
parison with State records and the records of local police systems. 

CLERKS OF COURT. 

Clerks of Courts are provided for each sitting of United 
States courts, including District, Circuit Courts, Circuit Court 
of Appeals and the Supreme Court. District Court Clerks are ap- 
pointed by the District Judge and the Clerks of Circuit Courts are 
appointed by the Circuit Judges. A Circuit Judge has the selection 
of the Clerk of the Circuit Court in the District in which he sits but 
as District Judges generally sit as Circuit Judges for the hearing 
of original cases in the Circuit Court it is usual for the person who 
has been appointed as a District Clerk to be certified to the Circuit 
Court by the District Judge and to be appointed by the Circuit 
Court as a Circuit Clerk, the same person acting in both capacities. 
No person related to a Judge or Justice of any court of the United 
States within the degree of first cousin can be appointed or em- 
ployed in the court of which the Judge may be a member, and this 
prevents the appointment by Judges of relatives within the degree 
named to the position of Clerk. Clerks are required to take an 
oath of office and to file a bond in ordinary cases from five to twenty 
thousand dollars, but the Attorney General may in his discretion, 
when the business of the court requires it, make the amount of the 
bond not to exceed forty thousand dollars, and if a bond has al- 
ready been given it can be increased upon the direction of the Attor- 
ney General within the limits above stated. Bonds of clerks are filed 
in the Department of Justice but they must be recorded in the offices 
of the Clerks, so that certified copies from the records may be used 
if necessary in evidence. The bonds of a Clerk must be approved 
by the Judge in open court. Deputies to clerks of courts are ap- 
pointed by the judges of the respective courts, generally upon the 
recommendation of the Clerks and may be removed by the judges 
authorized to make the appointments. In case of the death of a 
Clerk his deputies continue to perform his duties and the bond of 
the Clerk is responsible for the act of the deputy whether the Clerk 
be alive or whether the deputy is acting as Clerk in the event of the 
Clerk's death. The deputy clerks are paid from the emoluments of 



556 THE AMERICAN GOVERNMENT. 

the Clerk of the Court, and while they may be appointed in the 
discretion of the Judge, authority for their payment must be secured 
from the Attorney General before they can receive any compensa- 
tion. Deputy clerks must take an oath of office and may be required 
by the Clerk to furnish such bond as may be necessary for his pro- 
tection and that of his bond. The duties of the Clerks of United 
States courts consist of making the proper record of documents 
which are required to be filed in such Clerk's office, preparing the 
dockets for the cases in court, attending court for the purpose of 
making the necessary minutes on the records, making out all papers 
which may be necessary to evidence the action of the court, re- 
ceiving the returns of marshals and in general carrying on the 
clerical business of the court in accordance with the usual form and 
procedure of the courts of justice and with specific provisions which 
may be made by the statutes of the United States in the premises. 
In addition the clerks of United States courts are custodians of con- 
siderable funds which are paid into the registry of the court to 
await determination as to their final disposition. These include 
amounts in controversy, amounts which may have been realized 
from sales by the United States marshal and amounts which may 
have accrued from any cause under the proceedings of the courts, 
the title to which either has not been determind or a claimant for 
which has not yet appeared. Money can only be withdrawn from 
the registry upon the order of the Judge or Judges, and heavy 
penalties are imposed upon a Clerk who may use any part of the 
money, while the Clerk is also forbidden to secure interest upon the 
registry deposits or upon any other sums of money which may be 
in his custody. At the expiration of ten years if a given amount of 
money has not been claimed from the registry it is to be turned 
into the Treasury of the United States. Considerable sums of money 
are paid into the hands of the Clerks of each District and Circuit 
Courts on accounts of fines and forfeitures which are recovered 
under the various revenue and penalty laws of the United States. 
He is required to make a deposit of the same at once and to cover 
the amounts into the Treasury of the United States as soon as 
possible. Clerks of Courts are compensated by fees which they 
are permitted to charge in accordance with the following table. 



THE AMERICAN GOVERNMENT. 557 

For issuing and entering every process, commission, summons, 
icopies, execution, warrant, attachment, or other writ, except a writ 
•of venire or a summons or subpoena for a witness, one dollar. 

For issuing a writ of summons or subpoena, twenty-five cents. 

For filing and entering every declaration, plea, or other paper, ten 
-cents. 

For administering an oath or afiirmation, except to a juror, ten 
cents. 

For taking an acknowledgment, twenty-five cents. 

For taking and certifying depositions to file, twenty cents for 
each folio of one hundred words. 

For a copy of such deposition furnished to a party on request, ten 
cents a folio. 

For entering any return, rule, order, continuance, judgment, de- 
cree, or recognizance, or drawing any bond, or making any record, 
certificate, return, or report, for each folio, fifteen cents. 

For a copy of any entry or record, or of any paper on file, for 
each folio, ten cents. 

For making dockets and indexes, issuing venire, taxing costs, and 
all other services on the trial or argument of a cause where issue 
is joined and testimony given, three dollars. 

For making dockets and indexes, taxing costs, and all other ser- 
vices in a cause where issue is joined but no testimony is given, 
two dollars. 

For making dockets and indexes, taxing costs, and other services 
in a cause which is dismissed or discontinued, or where judgment or 
decree is made or rendered without issue, one dollar. 

For making dockets and taxing costs in cases removed by writ of 
error or appeal, one dollar. 

For affixing the seal of the court to any instrument, when required, 
twenty cents. 

For every search for any particular mortgage, judgment, or other 
lien, fifteen cents. 

For searching the records of the court for judgments, decrees, or 
other instruments constituting a general lien on real estate, and 
certifying the result of such search, fifteen cents for each person 
:against whom such search is required to be made. 



558 THE AMERICAN GOVERNMENT. 

For receiving, keeping, and paying out money in pursuance of 
any statute or order of court, one per centum on the amount so re- 
ceived, kept, and paid. 

For traveling from the office of the clerk, where he is required to 
reside, to the place of holding any court required by law to be held, 
five cents a mile for going and five cents for returning, and five dol- 
lars a day for his attendance on the court while actually in session. 

As full compensation for their service to each bankrupt estate a 
filing fee of ten dollars, except when a fee is not required from a 
voluntary bankrupt. 

No clerk, however, except in double fee districts, can retain fees 
during any calendar year in excess of the sum of $3,500, although 
when a Clerk of a District Court is also the Clerk of a Circuit 
Court he is entitled to retain $3,500 for each position, making the 
total maximum fees which he can retain $7,000. Clerks of the 
Courts in California, Oregon and Nevada are entitled to retain 
double the amount of fees in other States on account of the expenses 
of travel and subsistence in those States. In addition to the maxi- 
mum stated, Clerks are allowed to retain one-half of the maximum 
of $1,750 per year, when they have served in any prize cases; 
that is to say, for service in prize cases Clerks are entitled to re- 
tain the amount of the fees earned up to $1,750, in addition to the 
maximum compensation allowed them for other business. The 
Clerk must secure his compensation from fees earned during the 
calendar year, and cannot use the fees earned in one year as com- 
pensation during another calendar year. Besides the compensation 
of the Clerk, the expenses of the office, including clerical allowances, 
are paid out of the fees and emoluments earned in accordance 
with the fee table. Before the Clerk can take any personal com- 
pensation, his necessary office expenses must be paid from the fees. 
These having been paid, the Clerk may retain amounts up to the 
maximum provided, paying such amounts as may be necessary to his 
deputy clerks stationed at other places of holding courts, in order 
to secure the proper performance of the duties imposed upon the 
Clerk's office, and the amounts of fees above the expenditures for 
the expenses of the office and the Clerk's emoluments, are turned 
over to the Treasury of the United States. The Clerk must make 



THE AMERICAN GOVERNMENT. 559 

a strict account of all fees received by him, as well as all expenses, 
and of the condition of the various funds under his control. The 
ofRce of the examiners of the Department of Justice is largely to 
check up and supervise the accounts of Clerks of Courts, to see 
that they are kept in proper form and that no illegal disposition is 
made of sums of money coming under the Clerks' care. 



S6o THE AMERICAN GOVERNMENT. 



CHAPTER XII. 

THE POST OFFICE DEPARTMENT. 

The Post Office Department of the United States is, in effect, an 
adjunct to the Federal Government rather than a part of it. A large 
proportion of its support comes from its own business revenues 
and it is only partially maintained by the general Treasury, the 
payment made to make up the deficit in the Postal Revenue being, 
in part at least, the price paid by the United States for carrying 
its own mail, so that only a portion of the amount added by the 
United States to the amounts received from the Postal Revenues 
is an actual expenditure for the support of a Governmental function. 
The Post Office Department of the United States has been criticised 
as poorly managed and as unduly expensive. It is true that the 
revenues do not meet the expenses and that a certain proportion of 
mail service could be performed at a very much less expense than 
is now incurred. Compared, however, with the rates charged for 
co^nmunication by private individuals and with the service main- 
tained by such private companies, there is ground for the con- 
tention that if a private company attempted to perform a service 
of equal magnitude to that of the Post Office Department of the 
United States, it would neither perform it so well nor at a saving 
from the amount now paid. So long as telegraph and express 
rates remain at the present schedules, people who are enjoying the 
advantages of a two cent postage rate will be rather skeptical on 
the point of the alleged utter failure of the Government to properly 
conduct a postal system. 

Although the revenues of the Post Office Department are kept 
in the Treasury of the United States, they are not under the con- 
trol of the Secretary of the Treasury, but their expenditure is di- 
rected by the Postmaster General, together with that of the sums 
appropriated annually by Congress for the purposes of making up 
the deficiency in the revenue. The Postmaster General has, there- 
fore, a wider field of activity and in this respect larger discretion 



THE AMERICAN GOVERNMENT. S6i 

than any other of the members of the Cabinet. He has large powers 
of control, not only over the immense amount of money involved 
in the Post Office business, but over the tremendous personnel 
covering every city, town and hamlet in the United States, and ovei 
the large amounts involved in the contracts for the Department 
and for the transportation of the mails. The Postmaster General 
is assisted in his duties by four Assistant Postmasters General, each 
of whom corresponds to an Assistant Secretary of a Department, 
and each having a particular branch or aspect of the Postal work 
under his direction. Thus, the first Assistant Postmaster General 
has the Post Office administration and the city free delivery system. 
The Second Assistant Postmaster General is in charge of transporta- 
tion of mails by railway and of the foreign mail service. The Third 
Assistant Postmaster General is in charge of the postal finance 
and the supply of stamps to postoffices. The Fourth Assistant has 
charge of matters relating to the rural free delivery, and general 
supplies. The Postmaster General retains for his personal ad- 
ministration, besides the consideration of general matters of policy 
under the Department, the inspecting system of the department and 
the general purchase system, besides the matters relating to the 
personnel of the Department proper. He passes upon, when the 
consideration is completed by the Assistant Attorney General, for 
the Post Office Department, the credits or reimbursements that shall 
be allowed to Postmasters for losses by fire, burglary and other 
unavoidable cause, and in addition to the supervision of the duties 
of the divisions of the Post Office specifically reserved for his office, 
the Postmaster General also has the determination of appeals from 
the action of the several Assistant Postmasters General, together 
with the promulgation of all rules and regulations for the Post Office 
Department and the Postal Service. 

The organization of the Post Office Department is as follows : 

Office of the Postmaster-General: 
Chief clerk. 
Private secretary. 
Assistant Attorney- General. 
Purchasing Agent. 

Chief inspector (Division of Post-Office Inspectors), 
Appointment clerk. 



S62 THE AMERICAN GOVERNMENT. 

Disbursing clerk. 
Office of the First Assistant Postmaster-General : 

Division of Postmasters' Appointments. 

Division of Salaries and Allow^ances. 

Division of City Delivery. 
Office of the Second Assistant Postmaster-General: 

Division of Railvi^ay Mail Service. 

Division of Foreign Mail. 

Division of Railway Adjustments. 

Division of Contracts. 

Division of Inspection. 

Division of Equipment. 
Office of the Third Assistant Postmaster-General: 

Division of Finance. 

Division of Stamps. 

Division of Money Orders. 

Division of Registered Mails. 

Division of Classification. 

Division of Redemption. 
Office of the Fourth Assistant Postmaster-General: 

Division of Rural Delivery. 

Division of Supplies. 

Division of Dead Letters. 

Division of Topography. 

The Chief Clerk of the Post Office Department, in addition to 
performing the usual functions of Chief Clerk with relation 
to the personnel of the Department proper and of control over the 
Departmental buildings in Washington, signs all requisitions on the 
Public Printer for printing for the Department and the Postal Ser- 
vice, directs the compilation of matter for the Official Postal Guide, 
and has the supervision of its publication and distribution and super- 
intends the issue and sale of the Post Routes map prepared by the 
topographer, which shows the location of all Post Offices and 
Post Routes throughout the United States and its possessions. 

Under a former system each of the general subdivisions of the 
Post Office Department made arrangements for the purchase of the 
supplies used by that subdivision, with the result that there were 
many different prices paid and many different systems in vogue by 
which supplies were secured. Under the present provision of law, 
a Purchasing Agent is provided for the Post Office Department who 
has direction and control under the direct supervision of the Post- 



THE AMERICAN GOVERNMENT. 563 

master General of the purchase of all supplies either for the Post 
Office proper, or for any branch of the Postal Service. The spec- 
ifications for the purchase of articles are made up in the bureau 
under which the articles are to be used, and are forwarded to the 
Purchasing Agent who revises them and suggests such changes as 
he may deem to be necessary, any disagreement as to the terms of 
the specifications being settled by the Postmaster General. The 
Purchasing Agent upon completion of the specification prepares 
and issues advertisements and forms for proposals and the bids are 
opened by a committee appointed for the purpose who make a 
recommendation to the Purchasing Agent and the Postmaster Gen- 
eral, suggesting such awards as in the judgment of the committee 
are proper. The Purchasing Agent reviews the findings of the 
committee and recommends to the Postmaster General such action 
as should in his judgment be taken. All articles bought under con- 
tract are subject to inspection by a committee appointed by the 
Postmaster General which reports approval or disapproval to the 
Postmaster General and the Purchasing Agent and what action 
shall be taken in case the supplies do not, in the opinion of the com- 
mittee, comply with the terms of the contracts made by the Pur- 
chasing Agent with the approval of the Postmaster General. When 
the Purchasing Agent makes an open market purchase, it is also 
subject to similar inspection, and the Purchasing Agent may in his 
own behalf make an independent inspection of goods supplied by 
contract or on open market purchase. The Purchasing Agent has 
the final power of decision with reference of the quality of the 
goods supplied under contract or open purchase and if, in his opin- 
ion, they do not meet the requirements of contract or of the ser- 
vice, he can reject them or, if such rejection would cause undue 
delay, may accept them at a reduction from the contract or pur- 
chase price. 

Provision is made by which Postmasters and other postal offi- 
cials may purchase supplies on allowance being made by the ap- 
propriate bureau but the allowances must be submitted to the Pur- 
chasing Agent for criticism, and if he does not deem it to be a 
proper requisition or allowance he may certify the fact to the prop- 
er bureau and the Postmaster General for consideration. The es- 



564 THE AMERICAN GOVERNMENT. 

tablishment of the position of Purchasing Agent was made largely 
in consequence of the disclosures of fraud which had been perpe- 
trated on the Postal Service through the independent power of sub- 
ordinate officials to allow and order the purchase of Post Office 
supplies, large purchases having been made in excess of the needs 
of the Post Office and for the purpose of securing commissions 
paid by the manufacturers to officials who had charge of the allow- 
ances. 

The Division of Post Office Inspectors, formerly under the charge 
of the Fourth Assistant Postmaster General has been taken directly 
under the control of the Postmaster General, also as a consequence 
of the irregularities previously mentioned, it having been found that 
the control of this branch by a subordinate official of the Depart- 
ment had the effect of keeping from the head of the Department 
certain details which he should have known for the proper con- 
duct of the Postal Service. The service is in charge of a Chief 
Post Office Inspector, and is divided into sixteen divisions, each 
under the control of an Inspector in charge. The headquarters of 
the several divisions are as follows : 

For the division embracing the States of Maine, New Hampshire, Vermont, 
Massachusetts, Rhode Island, and Connecticut: Boston, Mass. 

For the division embracing the State of New York: New York, N. Y. 

For the division embracing the States of Pennsylvania and New Jersey: 
Philadelphia, Pa. 

For the division embracing the States of Delaware, Maryland, Virginia, 
West Virginia, and North Carolina, and the District of Columbia: Washing- 
ton, D. C. 

For the division embracing the States of Ohio, Indiana, and Kentucky: 
Cincinnati, Ohio. 

For the division embracing the States of Illinois, Michigan, and Wisconsin: 
Chicago. 111. 

For the division embracing the States of Missouri (except the city of 
Kansas City), Iowa, and Arkansas: St. Louis, Mo. 

For the division embracing the States of Kansas, Nebraska, and Oklaho- 
ma and Indian Territories, and the city of Kansas City, Missouri: Kansas 
City, Mo. 

For the division embracing the States of Tennessee, Alabama, Florida, 
Georgia, and South Carolina : Chattanooga, Tenn. 

For the division embracing the States of Texas, Louisiana, and Mississippi : 
New Orleans, La. 



THE AMERICAN GOVERNMENT. s6s 

For the division embracing the States of Wyoming, Colorado, and Utah, 
and the Territory of New Mexico : Denver, Colo. 

For the division embracing the States of California and Nevada and the 
Territory of Arizona : San Francisco, Cal. 

For the division embracing the States of Idaho, Montana, Oregon, and 
Washington, and the Territory of Alaska : Spokane, Wash. 

For the division embracing the States of Minnesota, North Dakota, and 
South Dakota: St. Paul, Minn. 

For the division embracing the Territory of Hawaii : Honolulu, Hawaii. 

For the division embracing Porto Rico : San Juan, Porto Rico. 

The Post Office Inspectors are the special representatives of the 
Postmaster General and are charged with the investigation of Post 
Offices and all matters connected with the Postal service. When 
complaints are made of violation of the law or of the loss of letters 
or of irregularities in the service, such complaints are referred to 
the nearest headquarters of Inspectors and one of the operatives is 
detailed for the investigation of the complaint. In addition they are 
charged with the regular examination of the accounts of the Post 
Offices and of the condition of the offices as to efficiency. They also 
investigate local postal conditions with a view to determining wheth- 
er increases in service that may be asked are warranted, and in 
general constitute the means by which the Postal authorities at 
Washington ascertain accurately the conditions at any given point. 
Postmasters and their subordinates and contractors and others con- 
nected with the Postal service are required to be subordinate to 
the Post Office Inspectors when the latter are acting within the 
scope of their duty and employment. When an Inspector enters a 
Post Office he is required to show the Postmaster his commission 
as authority for the work in which he is to be engaged. Inspectors 
are required, however, not to interfere with any employee or the 
transportation of the mails more than may be necessary for the 
proper performance of their duties. They have general power of ex- 
amination and inspection of the work, an account of all officers, and 
secrecy is enjoined on Postal employees as to the movements and the 
nature of the business of Inspectors. Much of the work of the 
Inspectors is necessarily of the character of detective and police 
work, since they investigate all cases of robbery of the mails and of 



566 THE AMERICAN GOVERNMENT. 

Post Office, and their duties are frequently delicate and dangerous. 
If, upon examination of a Post Office they find a condition which 
warrants such action, they are authorized to suspend the Post- 
master and to take charge of the office themselves, reporting the 
fact to the Department in Washington. They may also direct the 
suspension of any employee when they deem that the situation de- 
mands it, but must report the same to the Department and substan- 
tiate the fact of a good reason for the course taken. The division 
of Post Office Inspectors has charge of the correspondence relating 
to loss and undelivered mail, whether domestic or foreign and fol- 
lows up all complaints of non-delivery of mail until either delivery 
has been shown or the probable fact of a loss, in which case the 
Division endeavors, so far as possible, to determine the responsibil- 
ity. The Division also has general charge of making up the crim- 
inal cases arising under violations of the Postal Laws and of tak- 
ing steps for the recovery of amounts that may be due from Post- 
masters and from large users of the mail in cases where improper 
transactions have been carried on, such as the securing of compen- 
sation by a Postmaster in excess of that to which he is legally en- 
titled and the failure of users of the mail who have special priv- 
ileges to pay the amount properly due. The services of the Inspec- 
tors, of course, refer only to cases where such persons are will- 
ing to make voluntary settlement, and if such settlements cannot 
be secured the cases are referred to the officials of the Department 
of Justice for action. 

There are fifteen Inspectors in charge of Divisions provided for 
at $3,000 each, ten Inspectors at $2,400, fifteen Inspectors at $2,- 
250, fifteen at $2,000, ten at $1,800, one hundred and thirty at $1,- 
600, one hundred and ten at $1,400 and seventy-two at $1,200; in 
all five hundred. In addition all Inspectors receiving less than $2,- 
000 a year are allowed a subsistence per diem of not more than $4.00 
while traveling or temporarily located at points away from their 
home. Inspectors are originally appointed for a probationary term 
of six months at $1,200 a year, and at the end of this term are 
appointed Inspectors in the field at $1,600. A bond of $5,000 is 
required to be filed by the Post Office Inspector, conditioned on 



THE AMERICAN GOVERNMENT. 567 

the proper performance of his duty, and for a proper accounting' 
for all moneys which may come into his hands in connection with 
the duties indicated. 

THE FIRST ASSISTANT POSTMASTER GENERAL. 

The First Assistant Postmaster General receives the delegation 
of the power given by the statute to the Postmaster General to es- 
tablish Post Offices at all such places on the Post roads established 
by law as he may deem to be expedient. Any person who maintains 
a Post Office without authority from the Postmaster General is liable 
to a fine of not more than $500. The First Assistant Postmaster 
General, upon application for the location of a Post Office at a 
given point and upon favorable recommendation from the Inspec- 
tor, can order the establishment of such Post Office and fix the 
name therefor. He must immediately notify the Auditor for the 
Post Office Department of the establishment of such Post Office 
in order that the proper accounting and auditing may be made. In 
case there is reason for the change of the name of a Post Office, or 
an application is received for such change from the patrons of the 
office, the First Assistant Postmaster General has jurisdiction over 
the matter, and can direct the change if he deems it for the public 
interest. The First Assistant Postmaster General has, broadly, the 
administration of all matters relating to appointments and salaries 
of Postmasters and directs the operations of the city free deliveries. 
For the performance of the duties under his direction his office is 
divided into three divisions, that of Post Office appointments which 
has to do with the appointment and general management of Post- 
masters, that of salaries and allowances, which adjusts the sal- 
aries of the Postmasters of the first, second and third classes, and 
passes on applications for allowance for clerks' hire, rent, etc., and 
that of city delivery, which direct all matters relating to the carrier 
delivery of mail except the rural carrier system. 

The First Assistant Postmaster General may establish temporary 
offices for the purpose of caring for mail at summer and winter 
resorts respectively, the establishment and designation of such Post 
Offices remaining in eflfect throughout the year although the offices 
may be closed except during the appropriate seasons. He also gives 



568 THE AMERICAN GOVERNMENT. 

directions for the establishment of city branch post offices when 
found to be necessary, which branch post offices must be located 
within the corporate limits of the city within which the main Post 
Office is located, except that a branch post office from a principal 
city may be established in a village, town, or small city, within 
five miles from the corporate limits of the location of the city in 
which the principal post office is located. Substations of post offices 
may transact all postal business except to deliver mail. They are 
denoted by numbers and are generally located in connection with 
business places. Branch stations of post offices are known by letters 
and transact full post office business, including counter and box 
delivery of mail and city carrier service. 

Provision is made by law and the prerogative is exercised by the 
First Postmaster General of discontinuing any post office when the 
safety and security of the mails may be threatened or when the 
efficiency of the postal service requires such discontinuance. No 
office established at a county seat, however, can be discontinued by 
reason of the consolidation of post offices, the only exceptions made 
by law being in the cases of two post offices near large cities and 
located in county seats which are both served from the cities to 
which they are subsidiary. 

Postmasters of the first, second and third classes are appointed 
and may be removed by the President by and with the advice and 
consent of the Senate. They hold their offices for four years unless 
sooner removed. Every Postmaster is required to take oath of 
office and to file a bond in such amount as the Postmaster General 
may fix, dependent upon the business done by his office and upon 
the amount of Postal supplies entrusted to his care. Minors and 
aliens are not eligible for appointment to the office of Postmasters 
unless the latter have declared their intention to become citizens. 
Women over eighteen years of age and married women may be 
appointed as Postmistresses. No person engaged or interested in a 
mail contract or his or her relatives or no person engaged in prose- 
cution of claims against the United States can be appointed 
to be Posmaster. Every Postmaster must reside within the 
territory covered by the delivery of the office to which he is ap- 
pointed, but if the delivery extends outside the limit of the State in 



THE AMERICAN GOVERNMENT. 569 

which the office is located, the Postmaster may live outside the State, 
as the delivery limits are not affected by State lines. The com- 
missions of Postmasters are recognized as valid and binding and 
are honored in filling requisitions until the successor to the Post- 
master has actually taken possession of the office. Postmasters of 
the fourth class are appointed and removed by the Postmaster Gen- 
eral and their commissions are signed by the official. Whenever the 
office of a Postmaster becomes vacant by death, resignation or re- 
moval, the sureties on the Postmaster's bond take immediate posses- 
sion of the office unless the Postmaster General shall place the office 
in charge of an Inspector. The sureties or a majority of them may 
designate some person to act as Postmaster, who is required to take 
the oath of office and who conducts the business of the office under 
the old form until the sureties are relieved by the Postmaster General. 
If there is a delay of sixty days in filling a vacancy, the sureties on 
the former Postmaster's bond may notify the Postmaster General 
of their desire to be relieved of the liability involved, and a Post Of- 
fice Inspector will be detailed to take charge of the office. The selec- 
tion of any acting Postmaster designated by the sureties must be ap- 
proved by the Postmaster General before he can perform the func- 
tions of the office. The classification and compensation of Post- 
masters is given in the following paragraphs: 

FIRST CLASS. 

Gross receipts, forty thousand dollars, and not exceeding forty- 
five thousand dollars, salary, three thousand dollars. 

Gross receipts, forty-five thousand dollars, and not exceeding 
sixty thousand dollars, salary, three thousand one hundred dollars. 

Gross receipts, sixty thousand dollars, and not exceeding eighty 
thousand dollars, salary, three thousand two hundred dollars. 

Gross receipts, eighty thousand dollars, and not exceeding one 
hundred and ten thousand dollars, salary, three thousand three 
hundred dollars. 

Gross receipts, one hundred and ten thousand dollars, and not 
exceeding one hundred and fifty thousand dollars, salary, three 
thousand four hundred dollars. 

Gross receipts, one hundred and fifty thousand dollars, and not 



570 THE AMERICAN GOVERNMENT. 

exceeding- two hundred thousand dollars, salary, three thousand- 
five hundred dollars. 

Gross receipts, two hundred thousand dollars, and not exceed- 
ing two hundred and sixty thousand dollars, salary, three thou- 
sand six hundred dollars. 

Gross receipts, two hundred and sixty thousand dollars, and not 
exceeding one hundred and fifty thousand dollars, salary, three 
thousand seven hundred dollars. 

Gross receipts,' three hundred and thirty thousand dollars, and 
not exceeding four hundred thousand dollars, salary, three thou- 
sand eight hundred dollars. 

Gross receipts, four hundred thousand dollars, and not exceed- 
ing four hundred and fifty thousand dollars, salary, three thousand 
nine hundred dollars. 

Gross receipts, four hundred and fifty thousand dollars, and not 
exceeding five hundred thousand dollars, salary, four thousand- 
dollars. 

Gross receipts, five hundred thousand dollars, and not exceed- 
ing six hundred thousand dollars, salary, five thousand dollars. 

Gross receipts, six hundred thousand dollars and upwards, sal- 
ary, six thousand dollars. 

Salary of the postmaster at the city of New York, and Chicago,- 
eight thousand dollars per annum. 

SECOND CLASS. 

Gross receipts, eight thousand dollars, and not exceeding nine 
thousand dollars, salary, two thousand dollars. 

Gross receipts, nine thousand dollars, and not exceeding ten 
thousand dollars, salary, two thousand one hundred dollars. 

Gross receipts, ten thousand dollars, and not exceeding eleven 
thousand dollars, salary, two thousand two hundred dollars. 

Gross receipts, eleven thousand dollars, and not exceeding thir- 
teen thousand dollars, salary, two thousand three hundred dollars. 

Gross receipts, thirteen thousand dollars, and not exceeding six- 
teen thousand dollars, salary, two thousand four hundred dollars. 

Gross receipts, sixteen thousand dollars, and not exceeding twenty- 
thousand dollars, salary, two thousand five hundred dollars. 



THE AMERICAN GOVERNMENT. 571 

Gross receipts, twenty thousand dollars, and not exceeding twenty- 
four thousand dollars, salary, two thousand six hundred dollars. 

Gross receipts, twenty- four thousand dollars, and not exceeding 
thirty thousand dollars, salary, two thousand seven hundred dollars. 

Gross receipts, thirty thousand dollars, and not exceeding thirty- 
five thousand dollars, salary, two thousand eight hundred dollars. 

Gross receipts, thirty-five thousand dollars, and not exceeding 
forty thousand dollars, salary, two thousand nine hundred dollars, 

THIRD CLASS. 

Gross receipts, one thousand nine hundred dollars, and not 
exceeding two thousand one hundred dollars, salary one thou- 
sand dollars. 

Gross receipts, two thousand one hundred dollars, and not ex- 
ceeding two thousand seven hundred dollars, salary, one thousand 
one hundred dollars. 

Gross receipts, two thousand four hundred dollars, and not ex- 
ceeding two thousand seven hundred dollars, salary, one thousand 
two hundred dollars. 

Gross receipts, two thousand seven hundred dollars, and not 
exceeding three thousand dollars, salary, one thousand three 
hundred dollars. 

Gross receipts, three thousand dollars, and not exceeding three 
thousand five hundred dollars, salary, one thousand four hundred 
dollars. 

Gross receipts, three thousand five hundred dollars, and not ex- 
ceeding four thousand two hundred dollars, salary, one thousand 
five hundred dollars. 

Gross receipts, four thousand two hundred dollars, and not ex- 
ceeding five thousand dollars, salary, one thousand six hundred 
dollars. 

Gross receipts, five thousand dollars,' and not exceeding six 
thousand dollars, salary, one thousand seven hundred dollars. 

Gross receipts, six thousand dollars, and not exceeding seven 
thousand dollars, salary, one thousand eight hundred dollars. 

Gross receipts, seven thousand dollars, and not exceeding eight 
thousand dollars, salary, one thousand nine hundred dollars. 



572 THE AMERICAN GOVERNMENT. 

Postmasters at first and second class offices are not allowed com- 
missions on the money-order business; but at other offices a fee of 
three cents for each money order issued is allowed for clerical 
expenses. 

The compensation of postmasters of the fourth class is fixed upon 
the basis of the box rents collected at their offices and commissions 
upon the amount of canceled postage-due stamps, and on postage 
stamps, stamped envelopes, postal cards, and newspaper and periodi- 
cal stamps canceled, on matter actually mailed at their offices, and 
on amounts received from waste paper, dead newspapers, printed 
matter, and twine sold, at the following rates : 

On the first fifty dollars or less per quarter, one hundred per cent ; 
on the next one hundred dollars or less per quarter, sixty per cent; 
on the next two hundred dollars or less per quarter, fifty per cent; 
and on all the balance, forty per cent. 

No fourth class postmaster can receive more than one thousand 
dollars a year exclusive of money order returns or more than $250 in 
one of the first three quarters of the year, and when the compensation 
of any postmaster of this class reaches two hundred and fifty dollars 
for four consecutive quarters each, exclusive of commissions on 
money-order business, and when the returns to the Auditor for four 
consecutive quarters shall show him to be entitled to a compensation 
in excess of two hundred and fifty dollars per quarter, the Auditor 
is required to report the fact to the Postmaster General, who will 
assign the office to its proper class, and fix the salary of the post- 
master. 

The compensation of Postmasters of the first, second and third 
classes is readjusted annually to take efifect on July ist, upon the 
basis of the returns for the four quarters ending the preceding 
March 31st. 

Any person who temporarily serves as a Postmaster is 
entitled to receive for the time he is so serving the same com- 
pensation he would have received if he had been regularly appointed 
to the position. 

Post offices must be kept open every week day during the usual 
hours in which the principal business houses of the place in which 
the Post Office is located are open. Where mail arrives on Sun- 



THE AMERICAN GOVERNMENT. S73 

days, Post Offices must be kept open long enough for its delivery, 
although they need not be opened on Sunday if no mail is received 
between the hour of closing on Saturday and 6 p. m. on Sunday. 
The only time at which it is regular to close the delivery windows 
of Post Offices during office hours is during the time between the 
opening and distribution of mail when the clerical force of the 
Post Office is insufficient to attend both to the delivery window and 
to the distribution of the incoming mail. Postmasters are required 
to be at their offices in addition to the regular business hours dur- 
ing such times as may be necessary for receiving and dispatching 
mails. Night service can only be maintained upon direct authoriza- 
tion from the Post Office Department, and Post Offices cannot be 
closed during the regular hours of business except on holidays with- 
out special authorization from the First Assistant Postmaster Gen- 
eral. Delivery of mail on Sunday must be made to all who apply as 
well as to box holders, but it is optional with the Postmaster whether 
he shall sell postage stamps or issue and pay money orders on that 
day. The registration of mail and delivery of registered mail is also 
made optional with the Postmaster as a part of the Sunday business. 
The carriers' windows at free delivery offices must be open for 
the delivery of carrier mail during the hours on Sunday and holidays 
when the general delivery windows are open. Post Offices may be 
closed on holidays except for such time as may be required for neces- 
sary public convenience, but all mails must be made up and dis- 
patched on holidays in accordance with the regular daily schedule. 

No Post Office can be kept in a bar room or in a room directly 
connected with a bar room and no mail can be opened or delivered 
in which liquor is sold at retail except in drug stores where liquor 
is sold for medicinal purposes only. The site of the Post Office can- 
not be changed without the consent of the Department and applica- 
tions for such change must state the location of the proposed office 
with reference to the railroad station, and if it is beyond 80 rods from 
the station it is removed from the zone within which the railroad 
company must deliver the mails and a m.ail messenger must be em- 
ployed if a location is granted at a greater distance from the station. 
Post Offices are required to be kept clean and in good order and the 
posting of advertisements except upon a suitable bulletin board is 



574 THE AMERICAN GOVERNMENT. 

forbidden. The guide for the postmasters in transaction of public 
business is the postal regulations the last edition of which was pub- 
lished in 1902, with a supplement issued in March, 1907. The use of 
abusive and uncivil language is strictly forbidden by Postmasters and 
their employees, and they are required to treat all patrons with 
courtesy. Postmxasters are forbidden to use their official signatures 
for advertising purposes or to stamp their own or any other adver- 
tisement on mail matter which may go through their post offices. 
Postmasters of the fourth class may transact business other than post 
office business in the same room in which the post office is located, 
but must keep such business separate and distinct from that of the 
post office. When a post office is robbed the postmaster is required to 
notify the inspector in charge in the district and also the chief In- 
spector at Washington by telegraph and to forward a report by mail 
giving an exact description of all the Government property which 
has been stolen. 

Owing to the difficulty sometimes experienced by pensioners of the 
United States in remote districts in securing the authentication of 
their pension vouchers; provision has been made by law that fourth 
class postmasters may authenticate such vouchers and may receive a 
fee of twenty-five cents for each voucher so authenticated. Pen- 
sioners are required to take affidavit to the right to execute such 
voucher and the stamp of the fourth class post office with the 
signature of the postmaster has the same legal effect as the seal 
and signature of a notary public This significance of the seal and 
signature of the postmaster is, cf course, for pension matters only, 
and under a special provision of the law. 

Subordinates of postmasters are selected with the exception of the 
assistant postmasters in accordance with the rules of the Civil Ser- 
vice Commission and provision is made for an administrative and 
clerical' staff at the different first class post offices in accordance with 
their importance and the amount of business done covering the posi- 
tions given in the following list at the salaries named. 

Assistant postmaster, salary not exceeding fifty per centum of the salary 
of the postmaster, graded in even hundreds of dollars, from one thousand 
five hundred dollars to not exceeding three thousand dollars per annum, ex- 
cept New York, New York, and Chicago, Illinois, where the salary of the 



THE AMERICAN GOVERNMENT. 575 

assistant postmaster is fixed at three thousand five hundred dollars per 
annum. 

Private secretary to postmaster, eleven classes, salary, graded in even 
hundreds of dollars, from nine hundred dollars to not exceeding one thou- 
sand eight hundred dollars per annum, except at New York, New York, and 
Chicago, Illinois, where the salary of the private secretary may be fixed at 
two thousand four hundred dollars per annum. 

Cashier, ten classes, salary, graded in even hundreds of dollars, at one 
thousand three hundred, one thousand four hundred, one thousand five hun- 
dred, one thousand six hundred, one thousand seven hundred, one thousand 
eight hundred dollars, two thousand dollars, two thousand two hundred dol- 
lars, two thousand four hundred dollars, and not exceeding two thousand six 
hundred dollars per annum. 

Assistant cashier, eight classes, salary, graded in even hundreds of dollars, 
from one thousand two hundred dollars to not exceeding two thousand dol- 
lars per annum. 

Finance clerks, including bookkeepers, ten classes, salary, graded in even 
hundreds of dollars, from one thousand two hundred dollars to not exceed- 
ing two thousand four hundred dollars per annum. 

Chief stamp clerks, nine classes, salary, graded in even hundreds of dol- 
lars, from one thousand two hundred dollars to not exceeding two thousand 
two hundred dollars per annum. 

Superintendents of mails, salary not exceeding forty-five per centum of the 
salary of the postmaster, graded in even hundreds of dollars, from one 
thousand three hundred dollars to not exceeding two thousand seven hun- 
dred dollars per annum, except at New York, New York, and Chicago, Ill- 
inois, where the salary of the superintendent of mails is fixed at three 
thousand two hundred dollars per annum. 

Assistant superintendents of mails, ten classes, salary, graded in even 
hundreds of dollars, from one thousand two hundred dollars to not exceed- 
ing two thousand four hundred dollars per annum. 

Superintendents of delivery, salary, not exceeding forty-five per centum of 
the salary of the postmaster, graded in even hundreds of dollars, from one 
thousand three hundred dollars to not exceeding two thousand seven hun- 
dred dollars per annum, except at New York, New York, and Chicago, 
Illinois, where the salary of the superintendent of delivery is fixed at three 
thousand two hundred dollars per annum. 

Assistant superintendents of delivery, eight classes, salary, graded in even 
hundreds of dollars, from one thousand two hundred dollars to not exceed- 
ing two thousand four hundred dollars per annum. 

Superintendents of registry, salary not exceeding thirty-five per centum of 
the salary of the postmaster, graded in even hundreds of dollars, from one 
thousand three hundred dollars to not exceeding two thousand one hundred 
dollars per annum, except at Boston, Massachusetts, where the salary of the 
superintendent of registry may be fixed at two thousand two hundred dol- 



576 THE AMERICAN GOVERNMENT. 

lars, and at New York, New York, Chicago, Illinois, and Washington, Dis- 
trict of Columbia, where the salary of the superintendent of registry is fixed 
at not exceeding forty per centum of the salary of the postmaster. 

Assistant superintendents of registry, salary not exceeding twenty-five per 
centum of the salary of the postmaster, graded in even himdreds of dollars, 
from one thousand two hundred dollars to not exceeding two thousand dol- 
lars per annum, except at ISlew York, New York, where the salary of the 
first and second assistant superintendents of registry is fixed at two thousand 
four hundred dollars and one thousand eight hundred dollars per annum, re- 
spectively. 

Superintendent money-order division, salary, not exceeding forty per 
centum of the salary of the postmaster, graded in even hundreds of dollars, 
from one thousand three hundred dollars to not exceeding three thousand 
two hundred dollars per annum. 

Assistant superintendent, money-order division, nine classes, salary, graded 
in even hundreds of dollars, from one thousand two hundred dollars to not 
exceeding two thousand dollars per annum, except at New York, New York, 
where the salary of the first and second assistant superintendents of money- 
order and chief bookkeeper are fixed at two thousand four hundred dollars, 
one thousand eight hundred dollars and one thousand eight hundred dollars, 
respectively. 

Superintendents of stations, salary, graded in even hundreds of dollars, 
from one thousand one hundred dollars to not exceeding two thousand 
dollars per annum, except at New York, New York, where the salaries of 
the superintendents of Stations "A" and "D" are fixed at two thousand five 
hundred dollars each per annum, and superintendents of Stations "E" and 
"F" are fixed at two thousand two hundred dollars each per annum. 

Assistant superintendents of stations, nine classes, salary, graded in even 
hundreds of dollars, from one thousand to not exceeding one thousand eight 
hundred dollars per annum. 

Superintendents of carriers, eleven classes, salary, graded in even hundreds 
of dollars, from one thousand to not exceeding two thousand one hundred 
dollars per annum. 

Superintendents of inquiry, two classes, salary, graded in even hundreds 
of dollars, at two thousand one hundred dollars per annum. 

Superintendents of second class matter, ten classes, salary, graded in even 
hundreds of dollars, from one thousand to not exceeding two thousand dollars 
per annum. 

Chief mailing clerks, seven classes, salary, graded in even hundreds of 
dollars, from one thousand three hundred dollars to not exceeding two thou- 
sand twa hundred dollars per annum. 

Examiner of stations, six classes, salary, graded in even hundreds of dol- 
lars, from one thousand four hundred dollars to not exceeding two thousand 
dollars per annum. 



THE AMERICAN GOVERNMENT. 577 

Special clerks, two classes, salary, at thirteen hundred dollars and fourteen 
hundred dollars per annum. 

Clerks in charge of stations, six classes, salary, graded in even hundreds of 
dollars, from four hundred dollars to not exceeding one thousand dollars 
per annum. 

Clarks in charge of contract stations, two classes : First class, salary ex- 
ceeding three hundred dollars and not exceeding one thousand dollars per 
annum. Second class, salary not exceeding three hundred dollars per annum. 

Foreman of crews or working sections, five classes, salary, graded to even 
hundreds of dollars, from one thousand two hundred dollars to not exceeding 
one thousand six hundred dollars per annum. 

Auditors, two, one at New York, New York, and one at Chicago, Illinois, 
at a salary of three thousand dollars each per annum. 

Night superintendents, salary, two thousand one hundred dollars per an- 
num. 

Machinist, one, at one thousand two hundred dollars per annum. 

Oilers, three, at nine hundred dollars per annum. 

Printers, four classes, salary, graded in even hundreds of dollars, from nine 
hundred dollars to not exceeding one thousand two hundred dollars per an- 
num. 

Pressmen and carpenters, four classes, salary, graded in even hundreds of 
dollars, from six hundred dollars to not exceeding nine hundred dollars per 
annum. 

Messengers, watchmen, laborers, janitors, and porters, four classes, salary, 
graded in even hundreds of dollars, from four hundred dollars to not ex- 
ceeding seven hundred dollars per annum. 

In second class offices : 

Assistant postmasters, eight classes, salary, graded in even hundreds of dol- 
lars, from seven hundred dollars to not exceeding one thousand four hun- 
dred dollars per annum. 

Superintendents of stations, salary, graded in even hundreds of dollars, 
from one thousand one hundred dollars to not exceeding two thousand dol- 
lars per annum. 

Clarks in charge of contract stations, two classes: First class, salary ex- 
ceeding three hundred dollars and not exceeding one thousand dollars per 
annum. Second class, salary not exceeding three hundred dollars per annum. 

Messengers, janitors, and watchmen, three classes, salary graded in even 
hundreds of dollars, from four hundred dollars to not exceeding six hundred 
dollars per annum. 

Clerks in offices of the first and second class and carriers in the 
city delivery service are divided into six grades, as follows: First 
grade, salary six hundred dollars ; second grade, salary, eight hun- 
dred dollars ; third grade, salary, nine hundred dollars ; fourth grade. 



578 THE AMERICAN GOVERNMENT. 

salary one thousand dollars; fifth grade, salary one thousand one 
hundred dollars ; sixth grade, salary one thousand two hundred dol- 
lars. Clerks and carriers at first class ofiices are promoted succes- 
sively to the fifth grade, and clerks and carriers at second class 
offices are promoted successively to the fourth grade. 

All promotions of both clerks and carriers are made at the begin- 
ning of the quarter following the expiration of a year's service in the 
next lower grade. No promotion is made except upon evidence 
satisfactory to the Post Office Department of the efficiency and faith- 
fulness of the employee during the preceding year. The Post Office 
Department may reduce a clerk or carrier from a higher to a lower 
grade whenever his efficiency falls below a fair standard or when- 
ever necessary for purposes of discipline. When a clerk or carrier 
has been reduced in salary he may be restored to his former grade 
or advanced to any intermediate grade at the beginning of any quar- 
ter following the reduction, on evidence that his record has been 
satisfactory during the intervening period. When a clerk or carrier 
fails of promotion because of unsatisfactory service, he may be pro- 
moted at the beginning of the second quarter thereafter, or of any 
subsequent quarter, on evidence that his record has been satisfactory 
during the intervening period. Clerks and carriers of the highest 
grade in their respective offices are eligible for promotion to the 
higher positions. 

Any clerk is eligible for transfer to the service of a carrier and 
any carrier is eligible for transfer to the position of clerk, such 
transfer to be made to any grade not higher than the corresponding 
grade of salary, and the time which such clerk or carrier shall have 
served in the grade from which the transfer was made is counted in 
connection with the service to which transfer is made in computing 
the time of service necessary to entitle such employee to promotion. 
No clerk or carrier can be promiOted more than one grade within 
any one year's period of service. The carrier who on June thirtieth, 
nineteen hundred and seven, were regularly employed at a salary of 
eight hundred dollars per annum were promoted to the fourth grade 
upon evidence satisfactory to the Post Office Department of the 
efficiency and faithfulness of the employee during at least one year's 
service. 



THE AMERICAN GOVERNMENT. 579 

Auxiliary employees are employed to be paid for actual service 
at the rate of thirty cents an hour; such employees are required 
to work not less than two hours daily, and may serve as substitutes. 
They are eligible for appointment as clerks and carriers of the first 
grade. 

Substitutes are employed to be paid at the rate of thirty cents an 
hour when serving for absent clerks and carriers and such substi- 
tutes are eligible for appointment as auxiliary employees and as 
clerks and carriers of the first grade. 

Assistant postmasters are the direct and special appointees of the 
postmasters themselves, and it is required that every postmaster 
shall appoint an assistant so that the office may not be left without 
some one duly sworn and quaHfied to perform the duties in the 
case of the necessary absence or sickness of the postmaster, or be- 
fore the sureties or a post office inspector can take charge of the 
office in the event or removal, resignation or death of the incumbent. 
At offices of the first and second classes the assistant postmasters 
are appointed subject to the approval of the First Assistant Post- 
master General, and the person selected must be at least twenty-one 
years of age. Postmasters at offices of the third and fourth classes 
designate their principal assistant in the space provided for that pur- 
pose in the official bond, and in the case of third class offices notice 
must also be given to the First Assistant Postmaster General of the 
the assistant postmaster selected. A member of a postmaster's 
family or a surety on his bond may be appointed assistant post- 
master. Contractors or subcontractors for carrying the mail, mail 
messengers or assistant mail messengers or persons interested in 
prosecuting claims against the Government cannot, however, be 
appointed assistant postmasters. Assistant postmasters perform such 
duties as may be assigned to them by the postmasters and in case 
of the absence of the postmaster perform his duties except that the 
postmaster may designate some other person to take charge of the 
money order office during his absence. When a postmaster resigns 
or dies the assistant postmaster is required to conduct the business 
until the office is taken over by the sureties or by a Post Office In- 
spector. Postmasters may authorize their assistants to sign such 
letters and reports as are not required to be signed by the Postmaster 



S8o THE AMERICAN GOVERNMENT. 

himself, the signature of the assistant postmaster being the name of 
the Postmaster by himself as assistant postmaster. 

All other of the foregoing employees receive their appointment in 
accordance with the rules established by the Civil Service Commis- 
sion and which are substantially the same as those provided for en- 
trance to and continuance and promotion in other branches of the 
government service. Provision is made for temporary appointment 
in case eligibles cannot be certified at once, but the independent ap- 
pointing power of the postmaster is practically confined to the ap- 
pointment of his own assistant, the supervision over the appointment 
to other positions in his office being taken out of his hands. Pro- 
vision is made by law by which clerks in post offices as well as 
other employees of the postal service are paid their full time while 
in attendance as witnesses in United States courts, substitutes being 
employed under a specific appropriation to perform their duties. 
Besides the examinations required by the Civil Service Commission 
as a condition for entrance into the postal service, distributing clerks 
are required from time to time to be examined on the distributing 
schemes for mail for different States distributed at their offices. It 
is required that clerks who fail in such examinations and who are 
incompetent in distribution shall be removed. 

The Postmaster General is not authorized, except in certain in- 
stances, to allow clerical assistance to postmasters of the third and 
fourth classes. The compensation allowed postmasters at these 
offices is intended to include the cost of clerical assistance and such 
clerks as may be employed have to be paid from the emoluments of 
the postmaster except where an office of the third or fourth class is 
a distributing or separating office, so that mail destined for other 
points has to be redistributed, the Postmaster General may allow 
to the postmaster in such an office a reasonable amount to cover 
the cost of performing the work of distribution or separation. 

No allowance for clerical services in excess of two hundred dollars 
can be made where the salary of the postmaster is one thousand 
dollars, one thousand one hundred dollars, or one thousand two hun- 
dred dollars ; nor in excess of three hundred dollars where the salary 
of the postmaster is one thousand three hundred dollars, one thou- 
sand four hundred dollars, or one thousand five hundred dollars; 



THE AMERICAN GOVERNMENT. S8i 

nor in excess of four hundred dollars where the salary of the post- 
master is one thousand six hundred dollars, or one thousand seven 
hundred dollars ; nor in excess of five hundred dollars w'here the 
salary of the postmaster is one thousand eight hundred dollars or one 
thousand nine hundred dollars. 

Within this limitation allowances are made according- to the 
average amount of mail to be separated daily as follows : 

Where the average number of pieces of mail separated daily 
amounts to 34 and is not in excess of 66 pieces, the annual allowance 
can not exceed $36. For each increase of 33 pieces in the average 
number separated daily, not to exceed $12 additional is allowed 
annually until the average number of pieces separated daily amounts 
to 600 pieces. For each increase of 50 pieces in the average number 
separated daily above 601, $12 additional is allowed annually. 

Whenever such an allowance is made the postmaster may em- 
ploy and person to perform the work who is competent to do so 
and who can take the oath of office. It is not forbidden to employ 
the members of the postmaster's family for the work, but each per- 
son so employed must take the oath of office and if a former postmas- 
ter is employed, he must take the oath of office anew before he can 
have access to or handle mail matter. Any member of a postmaster's 
family who may be called upon to receive or handle mail in the 
absence of the postmaster must take an oath of office before attempt- 
ing to perform any of the postmaster's duties. 

Assistant postmasters and cashiers in first, second and third class 
offices are required to enter into a bond before undertaking their 
duties, and the Postmaster General may require a bond from any 
clerk or other employee paid from appropriations for the postal ser- 
vice, but this bond does not relieve the postmaster or his bond from 
liability for the acts of the officials named. The bonds required sim- 
ply act as an additional guarantee to the United States against loss 
on account of malfeasance in office of the subordinate officials, 
but may be recovered on by postmasters who have paid losses due 
to subordinates. Stamp clerks, superintendents of money order and 
chief money order clerks, superintendents of stations, clerks in 
charge of substations, superintendents of registry, and all registry 
clerks are also required to give bonds as well as other persons than 



582 THE AMERICAN GOVERNMENT. 

those named who handle government funds when it is recommended 
by a postmaster that a bond shall be taken. Preference is given in 
such bonds to bonds issued by surety companies and where practic- 
able a blanket bond covering all clerks in a given office required to 
give bond is preferred. It is contemplated by the regulations that 
disciplinary action shall be taken in the case of all clerks who fail 
to pay the premium on their bonds. 

Allowance for rents are made to post offices of the first, second, 
and third classes, but postmasters of the fourth class have to pay 
their own rent. Leases may be entered into for periods of ten years, 
although the usual practice is to enter into leases for five years, the 
ten year lease being taken only when exceptionally advantageous 
terms can be secured. Authorization for leasing premises for post 
offices is given only after an inspector has visited the location and 
approved the site and the quarters proposed. Portions of such 
quarters may be sublet if deemed advisable, but the revenue therefor 
must be accounted for as part of the revenues of the post office. 
Light and heat are also provided for offices of the first, second and 
third classes upon the application of the postmaster and approval of 
his requisition by the inspector. Allowances for miscellaneous ex- 
penditures and stamp canceling machines and similar devices are 
under the direction of the office of the First Assistant Postmaster 
General and are granted upon application of the postmaster, and 
the favorable recommendation of an inspector when the report of the 
latter is deemed advisable. 

The supplementary function of the office of the First Assistant 
Postmaster General to those already described is in the extension of 
the window or box delivery at the post offices to a house-to- 
house delivery performed by carriers. The gray-uniformed let- 
ter carrier is the first Federal official who comes to the attention 
of the future American citizen in childhood days and although at first 
confused with the city policeman, later comes to be recognized as 
a manifestation of a beneficent paternalism. Considering that for 
the fee of two cents a letter may be mailed in a street corner box 
at one remote corner of the possessions of the United States and be 
delivered to the home of the person to whom addressed at the farthest 
opposite point in the possessions of the government, assuming, of 



THE AMERICAN GOVERNMENT. 583 

course, the existence of carrier service at the points of origin and 
delivery, and this without an appreciable general imposition upon 
the taxpayers of the country, is the best and conclusive answer to 
those who affect to see in the governmental control of the post 
office an inept and expensive proceeding. 

The provision of law under which free delivery of mail by car- 
riers is established is that there must be letter carriers employed for 
the free delivery of mail matter in all incorporated cities, towns and 
boroughs including a population of 50,000 within their corporate 
limits. Permission is also granted for the establishment of such 
free delivery in any such incorporated town or city which has a 
population of not less than 10,000 or whose post office produced a 
gfross revenue for the preceding fiscal year of not less than $10,000, 
It is within the discretion of the Postmaster General to establish free 
delivery under the permissive clause of the law, but when the con- 
ditions are complied with, the establishment of free delivery is 
seldom denied. It further required by the law that no additional 
carrier's fee shall be charged for the delivery of letters by carrier. 
Applications for the establishment of a free delivery service should 
be made by the postmaster, by citizens joining in a petition or by 
the municipal authorities and addressed to the First As- 
sistant Postmaster General, Division of Free Delivery, The 
application should give the population of the city, village, 
or borough according to the last general census, and 
the gross revenue of the post office for the preceding 
fiscal year. The census may be either that of the United 
States or State census. The application should also state the con- 
dition of the sidewalks, and whether the houses are numbered in^ac- 
cordance with their positions on the streets, the names of streets 
posted up, and the city or town properly lighted. When such an ap- 
plication is received, the Post Office Department sends an Inspector 
to the municipality to examine the local conditions. If the require- 
ments as to numbering houses on the streets are not fulfilled and 
the condition of the streets and sidewalks in such as to make delivery 
unusually difficult, the application may be suspended until such time 
as the defects may have been remedied. The inspector also recom- 
mends the limits of the free deliverv districts and at the time 



584 THE AMERICAN GOVERNMENT. 

the order for free delivery goes into effect the number of daily 
deliveries and collections, the trips to be made, and similar details 
are established and must not be changed except upon authority of 
the First Assistant Postmaster General. If a postmaster deems that 
the delivery system can be improved, he is required to make recom- 
mendations to this end to the First Assistant Postmaster General 
and if his recommendations are approved, he is authorized to make 
the changes suggested. The postmaster is, however, forbidden to 
reduce the number of daily delivery and collection trips without the 
authority of the First Assistant Postmaster General. 

Letters must be frequently and promptly delivered and the ad- 
dresses of residents of the locality must be secured and their mail 
delivered to them at their houses whenever practicable. The clas- 
sification of carriers is given under the previous statement of the law 
covering clerks and carriers. These officials are also selected as a 
result of Civil Service examinations, and they are required to per- 
form their work within the eight hours' time fixed by law. All 
carriers are strictly forbidden from making any overtime, and if 
they are unable to deliver the mail entrusted to them within the 
eight hours it is regarded as a reason for discipline. The carriers'' 
routes are arranged so that they may reasonably be expected to take 
care of all their mail within the time fixed and with the number of 
trips allowed, and it is held that failure to do so indicates a condition 
of incompetency on their part. The stringency of the law in this 
respect is due to the fact that following the passage of the 
eight hour law carriers became accustomed to work overtime and 
large amounts in claims were made against the government for such 
extra work, and considerable sums were paid to carriers throughout 
the country as a result. 

Letter carriers being also collectors of mail from the letter boxes 
are supplied with keys to such boxes and are required to exercise 
particular care that the keys shall not be lost or get into the hands 
of unauthorized persons. All keys must be turned over at the end 
of a day's work to a person designated to receive them, except that 
keys used by carriers making early morning collections may be re- 
tained over night. 

Every applicant for appointment as letter carrier must be between 



THE AMERICAN GOVERNMENT. 585 

eighteen and forty-five years of age, must weigh at least 125 pounds, 
and must be not less than five feet four inches in height. The candi- 
dates are required in addition to the civil service examination to un- 
dergo a physical examination and if rejected on the latter will not be 
permitted for the Civil Service examination. Substitute letters car- 
riers are appointed from the eligible list created by the Civil Service 
examination and upon a vacancy in the regular force the substitute 
must be promoted to the regular position. When new free delivery 
systems are established the appointment of the letter carriers must be 
made from the eligible list. Transfers of letter carriers from one 
office to another have frequently been sought for various reasons of 
convenience, and at times mutual interchange has been arranged. 
The regulations now provide, however, that such transfers cannot 
be made except on account of the health of a letter carrier or a mem- 
ber of his family and all such transfers must be arranged through 
the offiice of the First Assistant Postmaster General with his ap- 
proval. Letter carriers cannot be removed except for just cause and 
upon written charges filed with the First Assistant Postmaster Gen- 
eral, and the carriers are given due notice and opportunity for de- 
fense against such charges, which must be specified. The postmaster 
has, however, the power to discipline letter carriers by suspension 
with loss of pay. 

All letter carriers and substitute letter carriers must furnish 
bonds conditioned in the payment of the sum of $1,000 for any mal- 
fasence in office. The Post Office Department prescribes the uni- 
form for carriers, which is of bluish gray flannel serge or worsted, 
with a double breasted coat for winter wear and a single breasted 
sack coat for summer wear, the uniform being piped with black 
braid adorned with buttons representing a carrier and with the let- 
ters "P. O. D." Various patterns of headgear have been designated 
from time to time, on each of which a carrier must wear his number 
in nickel plated figures nine-sixteenths of an inch in length, sur- 
mounted by a metallic wreath. During the heated term carriers are 
allowed to wear a neat shirt waist or loose fitting blouse instead of 
coats and vests, to be made of light gray cotton material. This is to 
be worn with a belt, but it is required that the garments worn shall 
be uniform throughout the same post office. Length of service of 



586 THE AMERICAN GOVERNMENT. 

carriers is denoted by stars placed on the sleeves of the carrier's uni- 
form, for five years' service, one black star, ten years' service, two 
black silk stars, fifteen years' service, one red silk star, twenty years' 
service, two red silk stars, twenty-five years' service, one silver star, 
thirty years' service, two silver stars, thirty-five years' service, one 
gold star, forty years' service, two gold stars. Substitute carriers 
wear a black cloth bar on each sleeve. 

Carriers may have fifteen days' leave of absence in each year and 
thirty days additional sick leave, in the discretion of the postmaster. 
A carrier absenting himself without leave is hable to loss of pay, 
suspension, and separation from the service. When the regular 
carriers are absent from duty for any reason their places are filled 
by the substitute carriers, but the assignments must be made by the 
postmaster and carriers are forbidden to employ these substitutes 
themselves without notice to the postmaster except in cases of urgent 
necessity. Substitute carriers are paid $i.oo per year in order to 
comply with the provision of the law that forbids the services of 
any person to be accepted without compensation in the Federal 
service, and receive pay at the rate of $600 a year when acting in the 
place of a letter carrier who is absent on leave. When acting for 
carriers who are absent without pay they receive a pro rata portion 
of the salaries of such carriers. Substitute carriers also receive pro 
rata pay of regular carriers when the latter are acting as members 
of local civil service boards, or as witnesses for the Government, 
provision being made for the payment of the salaries of such car- 
riers under the circumstances named. 

In offices in which there are a sufficient number of carriers or a 
sufficient amount of work to be done, so that the postmaster 
cannot superintend the operations of the carriers personally, 
an official known as Superintendent of Delivery is appoint- 
ed who has charge of the force of carriers, sees that 
they make their proper rounds and that they complete 
their work within the time scheduled. A schedule is 
made up for each carrier's work and he is required to conform to it 
as closely as possible. A portion of the time is allowed for assort- 
ing the mail to be delivered on the route and for transacting mis- 
cellaneous business with the office. Carriers are, however, required 



THE AMERICAN GOVERNMENT. 587 

to be in the office as little as possible, and as soon as they have com- 
pleted their work to either go out upon the route or to leave the work 
room until it is time to take up the duties anew. 

Strict provisions are made as to the use of intoxicating liquors by 
carriers, who are also forbidden to solicit any contributions of 
money or gifts or to engage in any business which would involve 
the solicitation of patronage on their routes. All suspensions and 
reprimands of carriers must be reported to the Division of Free De- 
livery for approval and for entry in the carrier's efficiency record, 
which is kept at headquarters as a basis for the determination of 
questions relating to the carriers which may arise. Carriers are re- 
quired to be careful to deliver the mail to persons for whom it is 
intended or to some one authorized to receive it. If they are in 
doubt as to the proper person to whom it is to be delivered, they 
are required to return the mail to the Post Office for the post- 
master's action. Carriers are also forbidden to deliver mail to 
persons upon the streets unless such delivery can be made with- 
out unreasonable delay. Carriers are not allowed to deliver 
mail at premises not occupied by the addressee, except upon 
specific order of the postmaster. They are not allowed to throw 
mail matter into windows or into halls unless instructed so to 
do, but must ring the bell of the residence, wait a reasonable 
time for the answer, and deliver the mail to some one of the house- 
hold who is in the habit of receiving it. They may, however, 
where boxes are provided, deposit the mail in such boxes and 
ring the bell announcing that mail has been delivered, if a bell 
is provided. The Post Office Department solicits the assistance 
of householders in the prompt delivery of mail by the provision 
of suitable boxes for its reception. Carriers are forbidden to 
enter any house on their routes except in pursuance of their 
official duties, and must not exhibit mail matter to others than 
those addressed, except on the order of the postmaster. Letters 
for delivery must not be carried in the carrier's pocket, nor 
can a carrier deliver any mail matter which has not passed 
through the Post Office with which they are connected. 

Carriers are especially made subject to discipline if they throw 
away or improperly dispose of any mail matter however trifling 



S88 THE AMERICAN GOVERNMENT. 

or unimportant it may appear, or if they remove stamps of any 
kind from the mail matter entrusted to them. Carriers are not 
required to deliver mail at residences where vicious dogs are per- 
mitted to run at large, and persons keeping such dogs must call 
at the Post Office for their mail. Carriers are required to collect 
all postage due and may accept stamped letters and packages 
which may be handed to them for mailing. They are required not 
to delay their deliveries, however, by waiting for such letters 
or to accept money for stamps for the same, although limited 
accommodations as to the sale of stamped envelopes may be 
authorized by the postmaster. Packages of such size that they 
will interfere with the delivery of mail need not be accepted by 
carriers. Carriers are not permitted to return under any cir- 
cumstances letters which have been deposited in a box, and which 
it is the duty of the carrier to collect. All applications for the 
return of such letters must be made to the postmaster. 

Under legislation, the first of which was effected in 1885, every 
post office is designated as a special delivery office from which 
letters may be delivered at once to the addressee by messenger 
if they bear the ten-cent special delivery stamp. The frequency 
and promptness of usual deliveries in most cities make this con- 
venience one of moderate use only, but it is one which is of very 
considerable value. Postmasters are authorized to employ one 
or more messenger boys in accordance with the amount of special 
delivery business which may come to the office, and such boys 
receive eight cents each for each letter delivered. A special de- 
livery boy cannot be less than 13 years of age, and it is usual to 
require that he shall wear at least a partial uniform, although 
this is not essential. Substitute letter carriers, when not em- 
ployed in the delivery of regular mail, may be utilized to carry 
special delivery letters, and in cases of insufficieilt business to 
warrant the attendance of a regular corps of messenger boys 
any clerk or employee of the office can carry a special delivery 
letter and receive the compensation therefor. Allowances are 
made in first class offices for car-fare when special deliveries 
cannot otherwise be handled promptly. Mail of this class is given 
the preference in handling from the point of origin to the point 



THE AMERICAN GOVERNMENT. $89 

of delivery. At each Post Office a special drop is provided with 
a notification bell and special delivery letters are expected to be 
sent on the next mail immediately following their receipt, and are 
so placed on the regular packages that they will be first handled. 
Postmasters are required not to employ a larger force of special 
delivery messengers than may be necessary, and must divide the 
work among them so that it will be equally distributed. Com- 
binations among the messengers for the purpose of a uniform 
division of the fees received are forbidden. In fourth-class 
offices and other than free delivery offices the postmasters at- 
tend to all the details relating to the delivery of special delivery 
letters and are allowed to charge for the service 80 per cent, of the 
face value of all special delivery stamps received and delivered, 
or attempted to be delivered. The chief defect in the special 
delivery system arises out of the great irregularity of the busi- 
ness so that a steady and assured income cannot be provided for 
the messenger service. The result is, difficulties are experienced 
in securing proper and efficient messenger boys, so that the ser- 
vice sometimes suffers. 

Included within the duties of the First Assistant Postmaster 
General are the consideration of the very many questions which 
arise as to the extension of the various free delivery systems 
and the consolidation of independent systems under one central 
Post Office when the growth of population in any section brings 
the two offices within the provision of the law on the subject and 
within the limits of economic administration of the two offices 
under one head. The First Assistant Postmaster General also 
arranges for the regulation of the box rent rates and has charge 
of the details relating to the deposit of money for fees for lock 
boxes in Post Offices. Regulations for the use of boxes are made 
by the Department, and the amounts as rents are collected by the 
postmasters and must be credited to the general account of 
postal revenues as in case of sale of stamps and other postal sup- 
plies. The keys of such boxes are guaranteed against being lost 
or withheld by the deposit of a sum of money representing the 
value of the keys issued and this money is held as a trust fund 
by the postmaster and is not turned in to the revenues of the 



590 THE AMERICAN GOVERNMENT. 

Post Office Department, being utilized for the payment of keys 
to replace those which may be lost or withheld. The use of a box 
is restricted to a renter and those connected with him in a family 
or business way, including employes, servants and transient and 
temporary boarders. When a box is rented by a corporation or 
association or society mail for all its officials may be placed in 
such box, and matter addressed to the students and employees at 
a college or similar institution or to guests at a hotel may be 
placed in the appropriate boxes. ^ Although mail cannot be 
addressed to a number or initials at a general delivery, mail 
addressed merely to the number of a box may be delivered so 
long as no improper or unlawful business is conducted. Bills and 
circulars, which have not passed through the mails, must not be 
placed in the boxes, and the postmasters may hand the mail from 
boxes to box holders who have forgotten their keys, but the 
rental of a box confers no extra privilege upon a person in the 
matter of delivery of mail over a person who receives his mail 
from the general delivery. 

The First Assistant Postmaster General has charge also of 
allowances for carrier delivery furniture and of matters relating 
to street letter and package boxes and collection wagons, together 
with matters relating to carriers' equipment, and the incidental 
expenses incur;-ed in the free delivery service. 

THE SECOND ASSISTANT POSTMASTER GENERAL. 

There have been complaints, covering a series of years, that the 
amount of money paid by the Post Office Department to the 
railroads for carrying the mails of the United States were in 
excess of a fair compensation for the service, and that this exces- 
sive expenditure was one of the principal reasons why the Postal 
Service of the United States was carried on with so great deficit 
and, as it is alleged, with so considerable a lack of economy as 
compared with the amount for which the same business could be 
carried on under private auspices. For the purpose of determin- 
ing whether the United States is paying in excess of amounts 
which it should pay for the carriage of the mail there have been 
commissions and committees appointed with the result that cer- 



THE AMERICAN GOVERNMENT. 591 

tain modifications have been made in the method of paying for 
the service, although it has not been established that the amounts 
previously paid for the carrying of the mail have been excessive. 
A very large proportion of the cost of the postal service is, of 
course, involved in the payments made to the railroads, and this 
cost includes not only the carriage of first-class mail, but of the 
very large volume of second-class mail v^hich, at the rate estab- 
lished is, of course, carried at a loss to the Government. In addi- 
tion, the immense quantities of mail matter carried for the United 
States itself and upon which there is no revenue, is, without cor- 
responding direct return, the source of a considerable proportion 
of expense of railway mail payments. 

While the office of the First Assistant Postmaster General 
deals almost exclusively with officials and employees of the 
United States Government, a considerable section of the office 
of the Second Assistant Postmaster General is devoted to trans- 
actions involving private persons who have contracts with the 
Post Office Department, including contracts involving the rail- 
way mail pay. 

A division of official personnel is, however, included under this 
office and is directed by the Second Assistant Postmaster Gen- 
eral, namely, the railway mail service, a separate organization 
which has charge of the mails of the United States while they 
are en route from the Post Offices of their origin to the Post 
Offices from which they are to be delivered. Mails originating at 
a given Post Office are delivered at the railway station either 
by the employees of the railways themselves, if within the limits 
fixed for transfer of the mails by the railroads or by the con- 
tractors, and mail messengers employed for the transfer of mails 
from Post Offices to railway stations in case the Post Offices are 
beyond the limit of eighty rods. Upon receipt at the station 
they are under the control of the railway mail service until they 
have been delivered to another station for transfer to the local 
Post Office. The sevice is under the direction of a general 
superintendent at $4,000 a year, who has one assistant at $3,000, 
and eleven division superintendents at $3,000, and the following 
subordinate officers: 



592 THE AMERICAN GOVERNMENT. 

Eleven assistant division superintendents at $2,000 each a year ; 
five assistant superintendents at two thousand dollars each a year; 
nineteen assistant superintendents at $1,800 each a year, and postal 
clerks in the following classes : 

Class I (B), at not exceeding eight hundred dollars each; 

Class I (A), at not exceeding nine hundred dollars each; 

Class 2, at not exceeding one thousand dollars each; 

Class 3, at not exceeding one thousand one hundred dollars each; 

Class 4 (B), at not exceeding one thousand two hundred dollars each; 

Class 4 (A), at not exceeding one thousand three hundred dollars each; 

Class S (B), at not exceeding one thousand four hundred dollars each; 

Class 5 (A), at not exceeding one thousand five hundred dollars each; 

Class 6, at not exceeding one thousand six hundred dollars each; 

Chief clerks, at not exceeding one thousand eight hundred dollars each. 
Railway mail clerks on entering the service receive the salary of the lowest 
grade, and no clerk can be advanced more than two hundred dollars in any 
period of one year's service. 

In addition to the foregoing Class 5 includes clerks in charge of full rail- 
way post-offices, clerks assigned to duty in the various offices of the service 
and receiving a salary of $1,400 per annum. 

Class 6 includes clerks in charge on trains carrying two or more full rail- 
way post-office cars and receiving a salary of $1,500 per annum. 

Class 7 includes all persons designated as chief clerks and receiving a sal- 
ary of $1,600 per annum. 

Class 8 includes all assistant division superintendents and assistant super- 
intendents, and the assistant chief clerk in the office of the general superin- 
tendent. 

Class 9 includes the assistant general superintendent, superintendents of 
divisions, and the chief clerk in the office of the general superintendent. 

Class 10 includes the general superintendent. 

Division superintendents, assistant division superintendents, and 
chief clerks, Railway Mail Service, and railway postal clerks, are 
paid their actual and necessary expenses while actually traveling- on 
business of the Post Office Department and away from their several 
designated headquarters. 

Assistant superintendents of the Railway Mail Service receive 
a per diem allowance in lieu of actual and necessary traveling ex- 
penses at a rate not exceeding four dollars per day while actually 
traveling on business of the Department away from home, their offi- 
cial domicile, and their headquarters. 



THE AMERICAN GOVERNMENT. 593 

All railway postal clerks are required to give bonds in $1,000 
cash for the faithful discharge of their duties. 

The Railway Mail Service is divided into eleven divisions, each 
in charge of a division superintendent, as follows: 

First division, comprising the New England States : Office of superintend- 
ent, Boston, Mass. 

Second division, comprising New York, New Jersey, Pennsylvania, Dela- 
ware, the Eastern Shore of Maryland, Accomac and Northampton counties, 
Va., and Porto Rico : Office of superintendent. New York, N. Y. 

Third division, comprising Maryland (excluding the Eastern Shore), Vir- 
ginia (excepting Accomac and Northampton counties). West Virginia, North 
Carolina, and District of Columbia : Office of superintendent, Washington, 
D. C. 

Fowth division, comprising South Carolina, Georgia, Florida, Alabama, 
Mississippi, and that portion of Louisiana east of the Mississippi River : 
Office ol superintendent, Atlanta, Ga. 

Fifth division, comprising Ohio, Indiana, Kentucky, and Tennessee : Office 
of superintendent, Cincinnati, Ohio. 

Sixth division, comprising lUinois, Iowa, Nebraska, Wyoming, and the 
Black Hills district of South Dakota, consisting of the counties of Butte, 
Choteau, Custer, Ewing, Fall River, Harding, Lawrence, Martin, Meade, Pen- 
nington, Rinehart, Shannon, Wagner, and Washington : Office of superin- 
tendent, Chicago, 111. 

Seventh division, comprising Missouri, Kansas, Colorado, and New Mex- 
ico: Office of superintendent, St. Louis, Mo. 

Eighth division, comprising California, Nevada, Oregon, Alaska, Arizona, 
Idaho, Utah, Washington, and Hawaii : Office of superintendent, San Fran- 
cisco, Cal. 

Ninth division, comprising the through mails via Buffalo, Suspension 
Bridge, Toledo, and Detroit, the lines of the Lake Shore and Michigan 
Southern Railroad, the main line of the New York Central and Hudson 
River Railroad, and the Lower Peninsula of Michigan : Office of superintend- 
ent, Cleveland, Ohio. 

Tenth division, comprising Wisconsin, Northern Peninsula of Michigan, 
Minnesota, North Dakota, South Dakota (except the Black Hills district), 
and Montana : Office of superintendent, St. Paul, Minn. 

Eleventh division, comprising Arkansas, Indian Territory, Oklahoma, 
Texas, and that portion of Louisiana west of the Mississippi River : Office 
of superintendent, Fort Worth, Tex. 

All original appointments to the positions of railway postal clerks 
are made by the Postmaster General under Civil Service rules and 
regulations. One substitute is appointed for every ten clerks in 



S94 THE AMERICAN GOVERNMENT. 

each State and any vacancy in the regular force is filled by the ap- 
pointment of the ranking substitute who lives in any county on or 
supplied from the road upon which the vacancy exists. All vacan- 
cies in the substitute force will be filled by certification of the Civil 
Service Commission from the Railway Mail Service register of the 
State in which the vacancy takes place. It is the object of the 
service so far as possible to select employees from the sections of the 
country in which they are to perform their duties in order that there 
may be secured persons who are familiar with the territories and 
also who will be near to their homes so that considerable periods in 
time of travel will not be requisite in going to and from the homes 
of the employees and under a recent provision of law clerks ap- 
pointed to service on postal cars must reside on some portion of the 
route on which they are to serve. 

The General Superintendent, the Assistant General Superintend- 
ent and the Chief Clerk of the Division of Railway Mail Service con- 
stitute a board of promotion to select the names of persons who are 
eligible for promotion to the next higher grade in case of vacancies. 
So far as is practicable promotions are required to be made from 
among those who are serving in a lower grade than that in which 
the vacancy occurs and in the same railway post office. That is to 
say that clerks on a given run or section of the work are to be given 
preference with reference to promotion when the duties to be per- 
formed are exclusively those relating to that run. When the duties 
to be performed in the position to be filled are not confined to a 
single run but are» within one division, eligibles for promotion may 
be selected throughout the division, and where the duties to be per- 
formed cover more than one division, the eligibility of the em- 
ployees of the railway mail service generally may be taken into con- 
sideration. Clerks who may be detailed to the office of the General 
Superintendent in Washington can be considered for promotion in 
the division from which they were detailed. The board of promo- 
tion selects three names from the list of eligibles and certifies them 
to the Postmaster General for promotion to the vacancy. In case 
there are not three persons who can be certified for promotion and 
the Postmaster General requires a full certification, the names of 
persons in an adjoining railway post office or division to that in 



THE AMERICAN GOVERNMENT. 595 

which the vacancy occurs can be considered in connection with the 
certification. Clerks are not eligible to promotion to a higher grade 
until they shall have served at least three months in the grade to 
which they were last appointed or promoted. No person can be 
promoted by detail or transfer to a position which could be filled 
by promotion of an employee already in the subdivision of the ser- 
vice in which the vacancy occurred. The basis of recommendation 
for promotion by the board on promotions is the case examination 
and the efficiency shown by the clerk in his work in the postal car. 
No clerk can be regarded as eligible for promotion unless he has 
made an average of 95 per cent, on a case examination within three 
years previous to the date on which the promotion is being con- 
sidered. No specific re-examination is required for promotion and 
the board on promotions considers the general character and quali- 
fications and efficiency of the persons in the service. 

All railway mail clerks are required to be examined from time to 
time upon the official schemes of distribution, the connection of 
trains, and the general orders and regulations of the service. Clerks 
on probationary appointment are to be examined as often as practi- 
cable and the results of the examinations are taken as indicating the 
fitness of the clerk to remain in the service. The examinations are 
chiefly practical ones intended to test the ability of the clerk to dis- 
tribute mail matter to the different compartments of the railway 
mail distributing case, and the efficiency of the clerk is largely de- 
pendent upon his ability to pass such an examination with a high 
average, 95 per cent, being required for a passing average and 100 
per cent, efficiency is the usual result, the clerks falling below per- 
fect only in exceptional instances. Clerks may volunteer for exam- 
ination and especially for examinations on routes other than those 
they are actually serving upon, the results of such examinations 
being considered in connection with details and promotions. 

All railway postal cars and mail appointments in cars and steam- 
boats are designated as railway post offices. One or more clerks are 
assigned to each railway post office for the custody of the mail en 
route, and for the performance of the duty of distribution of mail 
received and of making it up into packages suitable for delivery at 
the different points along the route of the train or steamboat. In 



596 THE AMERICAN GOVERNMENT. 

addition, mail is received at intermediate points and distributed in a 
like manner in accordance with the various schedules made up for 
the delivery of mail at terminal and connecting points. When there 
is more than one railway clerk assigned to duty in a car, the clerk 
of the highest class is designated as the clerk in charge and in 
question of seniority relating to clerks of the same class, the clerk 
senior in commission is regarded as the ranking official. The clerks 
in a railway post office are required to implicitly obey the orders of 
the clerks in charge. Postal clerks are required to examine their 
cars on entering and leaving to see that no mail has been left and 
are not allowed to leave their cars except for brief moments and 
in matters of emergency. They must at all times keep the car 
doors locked, especially at night time. No person is entitled to ride 
in a railway mail car except the clerks assigned thereto, the Postmas- 
ter General, Assistant Postmasters General, officials of the railway 
mail service, and post office inspectors and special agents upon offi- 
cial business. In addition, persons may be allowed to ride on special 
permits, but these permits do not include free transportation and 
persons so riding must be indicated by the railway mail clerk to the 
conductor. When the duties of the distribution have been completed 
on a night run, at least one clerk is required to remain awake at all 
times in order to protect the mails. In addition to the car clerks, 
transfer clerks of the railway mail service are provided for the pur- 
pose of superintending the shipment and receipt of the mail at con- 
necting points, and where large volumes of mail are to be handled. 
Railway mail clerks are required to wear no other uniform than a 
cap and badge. 

The service of the railway mail clerks is difficult and dangerous 
and frequent casualties occur to them by reason of railway accidents 
and collisions. For many years this liability on the part of the mail 
clerks was unnoticed by the Government so that frequent cases of 
hardship occurred, in which railway mail clerks having been injured 
in the Government service were compelled to lose time and pay 
while recovering. By recent provision of law, however, an appro- 
priation of $100,000 is made to employ acting mail clerks to take the 
places of clerks who have been injured while on duty, and a further 
provision is made for payment of the sum of $1,000 to the heirs or 



THE AMERICAN GOVERNMENT. 597 

legal representatives of a clerk who shall be killed while on duty, 
the amount being exempt from the payments of the debts of the 
deceased. In addition to the foregoing, provision is made for grant- 
ing thirty days' leave of absence with pay to mail clerks who may 
become incapacitated on account of sickness, but their duties must be 
performed by other clerks in the service without additional expense 
to the Government. All railway mail clerks must sign a register 
upon reporting for duty and on completing a trip, the penalty for 
failure to make such registration being the loss of one day's pay in 
each case unless a good excuse can be shown. 

The duties of railway mail clerks include the delivery of pouches 
of mail matter which have been made up at the post offices along 
their routes to other post offices, either by delivery at stations where 
the train stops, or by throwing the pouches ofif while the train is in 
motion. They are required to take care that the pouches are not 
drawn under the train or thrown off so as to strike persons on the 
station platform, and must be thrown at least ten feet from the 
train and downward and outward. For the purpose of collecting the 
mail from the smaller stations catcher posts are erected in the prox- 
imity of stations, from which by a device attached to the mail car 
the pouches are caught on an iron rod and deposited within the car. 
This operation requires a considerable amount of skill and address 
and frequent accidents have occurred, so that the Post Office De- 
partment is at all times on the outlook for an improved mechanism 
which will work automatically. In addition to the foregoing duties, 
railway mail clerks distribute miscellaneous mail which may have 
been made up at the different post offices and delivered to the mail 
cars for distribution en route. The mail for post offices within the 
division on which the run is made is made up into separate packages, 
a package for each post office, with a legible address on one side of 
the package and a facing slip bearing the name of the post office on 
the other. Mail for States other than that in which the run is sit- 
uated, is made up into packages bearing the name of the State, and 
forwarded for a closer distribution on one of the postal runs within 
that State. Postal clerks are furnished with a key which opens all 
mail locks, and are especially charged with care thereof, so that it 
may not be lost. They are required to carry it at all times attached 



598 THE AMERICAN GOVERNMENT. 

to their clothing, and to turn it in at the Division Headquarters 
when it is not to be in use. Special provisions are also made for the 
handling of mail pouches, so that it can easily be seen if they have 
been tampered with, and the railway mail clerks are expected to be 
alert to prevent the violation of the laws regarding the use of the 
mails. All articles not legally mailable, so far as they can be detected, 
are to be withheld and turned into division headquarters with a re- 
poi"t, and reports are also required as to packages of letters which 
have been improperly made up at post offices, while the clerks are 
expected, especially near the frontiers, to keep a careful watch upon- 
the contents of the mail, in order to prevent violations of the cus- 
toms revenue laws. Provision is made for a sufficient force of pos- 
tal clerks so that an alternation can be made in clerks on runs cover- 
ing more than a single day's work. Those who are compelled to be on' 
the cars for considerable periods of time without intermission are 
given a week's rest after a week's service, while other provision is 
made for alternating the men, as continuous service on a railway 
mail run would soon result in the breakdown of the clerk, especially 
if he is traveling day and night. On short daily runs there is of 
course no such alternation, but provision is made for the supply of 
substitutes in case of sickness, and for annual leave and sick leaves 
for the clerks. 

The Division of Foreign Mails, under the direction of the Second 
Assistant Postmaster General, regulates matters relative to the in- 
tercourse of citizens of the United States with foreign nations. In 
order to prevent misunderstandings and consequent discriminations 
against the mails of the United States, power is given by Congress 
to the Postmaster General to conclude conventions with foreign 
countries for the mutual exchange of mail matter, and for such ar- 
rangements as may mutually facilitate intercourse by mail and at 
reasonable rates. Such conventions or arrangements are to be ap- 
proved by the President of the United States, and when so ap- 
proved, copies are sent to the Secretary of State for the purpose of 
official record. A general agreement is in effect between the United! 
States and the leading European countries, covering most of the 
civilized and semi-civilized countries of the world for the carriage of 
the mails each of the other at a given rate per pound, so that a fixed' 



THE AMERICAN GOVERNMENT. 599 

and uniform rate of postage may be known to any point included 
within the Universal Postal Union and stamps of the country in 
which the mail matter originates will be recognized throughout the 
period of transit. Except for such agreement it would be necessary 
for persons in the United States desiring to prepay matter sent 
abroad to secure the postage stamps of the country through which 
the mail would have to travel, and to know the amount of postage to 
be charged in order that the mail should be properly forwarded. This 
inconvenience is avoided by the agreement referred to and by the 
acceptance of the stamps of the United States at their face value, 
the United States accepting similar evidence of postage paid. The 
following list shows the countries included in the Universal Postal 
Union. 

Argentine Republic, including eastern parts of Patagonia and Tierra del 
Fuego and Staten Island. 

Ascension, Island of (British Colony). 

Austria-Hungary, including the Principality of Liechtenstein. 

Australia. (See the separate colonies in their alphabetical order.) 

Bahamas. 

Barbados, W. I. 

Bechuanaland, British Protectorate of. 

Belgium. 

Bermudas. 

Bolivia. 

Bosnia-Herzegovina. 

Brazil. 

British Colonies on west coast of Africa (Gold Coast, Lagos, Senegambia, 
and Sieira Leone). 

British Colonies in West Indies, viz.: Antigua, Dominica, Montserrat, 
Nevis, St. Christopher, the Virgin Isles, Grenada, St. Lucia, Tobago and 
Turk's Islands. 

British Guiana. 

British Honduras. 

British India: Hindostan and British Burmah (Aracan, Pegu, and Tenas- 
serim), and the Indian Postal Establishments of Aden, Muscat, Persian 
Gulf, Gaudur, Mandalay. 

Bulgaria, Principality of. 

Canada. 

Cayman Islands (British Colony). 

Ceylon. 

Chile, including western parts of Patagonia and Tierra del Fuego. 

Colombia, Republic of. 



6oo THE AMERICAN GOVERNMENT. 

Colony of the Cape of Good Hope, including Basutoland, Griqualand, Lit- 
tle Namaqualand, Pondoland, Tembuland, Transkei, Walfish Bay, and Be- 
chuanaland. 

Congo, Independent State of. 

Costa Rica. 

Cyprus, Island of. 

Danish Colonies of St. Thomas, St. Croix, and St John. 

Denmark, including Iceland and the Faroe Islands. 

Dominican Republic. 

East Africa, British Protectorate of. 

Ecuador. 

Egypt 

Falkland Islands. 

Fiji Islands, Colony of. 

France, including Algeria ; the Principahty of Monaco ; the French post- 
office establishments in Morocco (Tangier, Casablanca, El-Ksar-El-Kbir 
[Alcazar], Fez, Larrache, Mazagan, Mogador, Rabat, Saffi, and Tetuan) ; 
at Shanghai (China) ; and in Zanzibar, Cambodia, Anam and Tonkin. 
French colonies — 

1. In Asia — French establishments in India (Chandernagore, Karikal, 
Mahe, Pondicherry, Yanaon) ; and in Cochin China (Saigon, Mytho, 
Bien-Hoa, Poulo-Condor, Vingh-Long, Hatien, Tschandok). 

2. In Africa — Senegal and dependencies (Gore, St. Louis, Bakel, Dagana) ; 
Mayotte and Nossi-be, French Congo-Gaboon (including Grand Bas- 
sam and Assinie) ; Reunion (Bourbon) ; Madagascar; Obock on the 
east coast, and the Comoro Islands (Grand Comoro, Anjouan Mohele). 

3. In America — French Guiana, Guadeloupe and dependencies (Desirade 
or Deseada, Les Saintes, Marie Galante, and the north portion of St. 
Martin), Martinique, St. Bartholomew, St. Pierre, and Miquelon. 

4. In Oceanica — New Caledonia, Tahiti, Marquesas Islands, Isle of Pines, 
Loyalty Islands, the Archipelagoes of Gambler, Toubouai, and Tuamo- 
tou (Low Islands). 

Germany, including the Island of Heligoland and the German post-offices 
at Apia (Samoan Islands), and at Shanghai (China). 
German Protectorates — 

Territory of Cameroons (or Ksmeroun) (West coast of Africa) ; German 
New Guinea (in Papua) ; German South West Africa (Grand Namaqua, 
the Damaras Country, and the southern portion of Ovambo, between Cape 
Colony and Angola) ; Territory of Togo (Western Africa) ; German East 
Africa; the Marshall Islands, in the Pacific Ocean, and Kiautschau (China). 

Gibrahar and its Postal Agencies in Morocco. 

Great Britain and Ireland. 

Greece, including the Ionian Isles. 

Greenland. 

Guatemala. 



THE AMERICAN GOVERNMENT. 6oi 

Haiti. 

Honduras, Republic of, including Bay Islands. 

Hong-Kong and the post-offices maintained by Hong-Kong at Kiung-Chow, 
Canton, Swatow, Amoy, Foo-Chow, Ning-po, Shanghai, and Hankow 
(China). 

Italy, including the Republic of San Marino, the Italian offices of Tunis 
and Tripoli in Barbary ; Massouah, Assab, Asmara, and Keren (in the Italian 
colony of Eritrea— Abyssinia). 

Jamaica. 

Japan, including Formosa, and Japanese post-offic's at Shanghai (China), 
and Fusam-po, Genzanshin, and Jinsen (Corea). 

Korea. 

Labuan. 

Liberia. 

Luxemburg. 

Malta and its dependencies, viz. : Gozzo, Comino, and Cominotto. 

Mauritius and dependencies (the Amirante Islands, the Seychelles and Ro- 
drigues). 

Mexico 

Montenegro. 

Natal colony of, including Zululand. 

Netherlands. 
Netherlands colonies — 

1. In Asia— Borneo, Sumatra, Java (Batavia), Billiton, Celebes (Macas- 
sar), Madura, the archipelagoes of Banca and Rhio (Riouw), Bali, 
Lombok, Sumbawa, Flores, the S. W. portion of Timor, and the Mo- 
luccas. 

2. In Oceanica — The N. W. portion of New Guinea (Papua). 

3. In America — Netherlands Guiana (Surinam), Curacao, A:uba, Bonaire,, 
part of St. Martin, St. Eustatius, and Saba. 

Newfoundland. 

New Guinea, British colony of. 

New South Wales, colony of, including Lord Howe Island and the Nor- 
folk Islands. 

New Zealand, colony of, including Chatham Island. 

Nicaragua. 

North Borneo, British colony of. 

Norway, including the post-office at Advent Bay, on the west coast of 
Spitzbergen. 

The Orange Free State. 

Paraguay. 

Persia. 

Peru. 

Portugal, including the island of Madeira and the Azores. 



6o2 THE AMERICAN GOVERNMENT. 

Portuguese colonies — 

1. In Asia — Goa, Damao, Diu, Macao, and part of Timor. 

2. In Africa — Cape Verde, Bissao, Cacheo, islands of St. Thonfe and 
Princes, Ajuda, Mozambique, and the province of Angola. 

Queensland, colony of. 

Roumania (Moldavia and Wallachia). 

Russia, including the Grand Duchy of Finland. 

Salvador. 

Samoan (Navigators) Islands, German post-office at Apia. 

Sarawak, British protectorate of. 

Servia. 

Siam. 

South African Republic (The Transvaal). 

Spain, including the Balearic Isles, the Canary Islands, the Spanish pos- 
sessions on the north coast of Africa (Ceuta, Penon de la Gomera, Alhu- 
cemas, Melilla, and the Chaffarine Islands), the Republic of Andorra, and 
the postal establishments of Spain on the west coast of Morocco (Tangier, 
Tetuan, Larrache, Rabat, Mazagan, Casablanca, Saffi, and Mogador). 
Spanish colonies — 

In Africa — Islands of Fernando Po, Annobon, and Corisco, on the Gulf 
of Guinea. 

Straits Settlements (Singapore, Penang, and Malacca). 

St. Helena, island of (British colony). 

St. Vincent, W. I. 

South Australia, colony of. 

South Rhodesia, colony of. 

Sweden. 

Switzerland. 

Tasmania, colony of. 

Trinidad, W. I. 

Tunis, regency of. 

Turkey (European and Asiatic). 

Uruguay. 

Venezuela. 

Victoria, colony of. >, 

West Australia, colony of. 

Zanzibar, British protectorate of. 

The Universal Postal Union Convention provides for the exchange of 
correspondence between any Postal Union country and any country not with- 
in the Postal Union, by use of the mails of any Postal Union country which 
has such relations with the country foreign to the Union as to enable such 
Union country to exchange mails with the country foreign to the Union. 
Those countries foreign to the Universal Postal Union, reached through 
the intermediary services of a Postal Union country, are the following: 

(i) All African countries not within the Postal Union. 



THE AMERICAN GOVERNMENT. 603 

(2) China, the Empire of. 

Mail matter within the Universal Postal Union is classified as follows : 

Letters. 

Postal cards, and postal cards with paid reply. 

Commercial papers. 

Printed matter of every kind. 

Samples of merchandise. 

The rates of postage for the conveyance of articles throughout the entire 
extent of all Postal Union countries, including delivery at the residence of 
the addressee, where free-delivery service exists, are as follows : 

For letters, five cents for each half ounce or fraction thereof if prepaid. 

For postal cards and private mailing cards ("post cards"), two cents each; 
and for postal cards with paid reply, two cents on each part. 

For printed matter of every kind, commercial papers, and samples of 
merchandise one cent for each weight of 2 ounces or fraction thereof; but 
at least five cents must be paid on each packet of commercial papers, and 
at least two cents on each packet of samples of merchandise. 

Letters will be forwarded without prepayment of any postage; other ar- 
ticles will only be forwarded if prepaid in part; and in all cases of insuffi- 
cient prepayment double the amount of the deficiency will be collected of 
the addressee. 

Postage can be prepaid upon articles only by means of postage stamps of 
the country in which the articles are mailed. Articles (other than the reply- 
half of double postal cards) mailed in one country addressed to another 
country, which bear postage stamps of the country to which they are ad- 
dressed, or of any country other than the one in which they are mailed, will 
be treated as if they had no postage stamps attached to them. This will not 
apply to the United States postal agency at Shanghai, China, at which place 
United States postage stamps are valid for the prepayment of postage. (See 
sec. 1312.) 

All mailable matter will be reforwarded without extra charge within the 
limits of the Union, and the deficient postage, if any, collected at the office 
of delivery. Matter erroneously or incompletely addressed and returned 
to the sender for correction will not be reforwarded except upon payment 
of postage therefor anew. 

If unpaid or short-paid articles are returned to the senders as undeliverable, 
the senders will be required to pay the amount which would have been col- 
lected of the addressees if the article had been delivered. 

The following articles are prohibited transmission in mails exchanged 
"between the countries of the Universal Postal Union, viz: 

All articles, except letters, which are not prepaid, at least in part. 

Printed matter, commercial papers, and samples of merchandise, which 
contain any letter or manuscript not having the character of an actual 
personal correspondence. 



6o4 THE AMERICAN GOVERNMENT. 

Printed matter, commercial papers, and samples of merchandise which are- 
not made up in packets in such manner as to admit of their being easily 
examined. 

Matter printed by special processes mentioned in section 528, when not 
presented as therein directed. 

Samples of merchandise which have a merchantable value, or which exceed' 
the prescribed weight or size. 

Packets of commercial papers and prints of all kinds which exceed the 
prescribed weight or size. 

All articles of a nature likely to soil or injure the mails. 

Letters of packets containing current coin. 

Any packets whatever containing articles liable to customs duty. 

Gold or silver bullion, precious stones, jewelry, or other precious articles, 
to or through the mails of any country whose legislation prohibits their 
being placed in the mails or forwarded. 

Mails are exchanged with foreign countries through certain post- 
offices designated as "Exchange post offices." The following are 
the United States exchange post offices, and mails are exchanged 
through such offices with the countries named : 

New York, N. Y., with North, South, and Central America, the West 
Indies, Europe, Africa, British India, Straits Settlement, Siam, and the 
Dutch East Indies. 

Boston, Mass., with Canada, Great Britain, France, Germany, Belgium^ 
Italy and Jamaica. 

Philadelphia, Pa., with Great Britain, France, Germany, Belgium, Italy,. 
Cuba, Jamaica, and Newfoundland. 

Baltimore, Md., with Great Britain, Germany, Brazil, The Argentine 
Republic, Paraguay and Uraguay, the Island of St. Thomas, Barbados,, 
Baham.as, Bermuda, Cuba, Jamaica. 

Tampa, Fla., with Cuba. 

Jacksonville, Fla., with Cuba. 

Key West, Fla., with Cuba and the Bahama Islands. 

New Orleans, La., with Mexico, Cuba, Nicaragua, Costa Rica, Gautemala,. 
British Honduras, Republic of Honduras, the Bay Islands, and the United 
States of Colombia. 

Laredo, Tex., with Mexico. 

El Paso, Tex., with Mexico. 

Eagle Pass, Tex., with Mexico. 

Chicago, 111., with Canada, Great Britain, Germany, Denmark, Sweden, 
Norway, Austria, Italy, The Netherlands, and Russia. 

St. Louis, Mo., with Great Britain, France, Germany, Sweden, and Mexico. 

Detroit, Mich., with Canada. 

San Francisco, Cal., with Canada, New Zealand, Australia, Tasmania, the 
Fiii and Samoan Islands, New Caledonia, Japan, Shanghai, Hongkong and 



THE AMERICAN GOVERNMENT. 605 

-dependent Chinese ports, and the East Indies, except British India, Straits 
.Settlements, Siam, and the Dutch Settlements. 

Seattk', Wash., with Canada. 

Tacoma, Wash., with Canada. 

Mails for Canada are exchanged through the following railway post- 
offices : Caribou and Bangor, Boundary Line and St. Paul, Detroit and 
Chicago, Malone and Utica, Newport and Springfield, New York and 
Chicago, New York, Geneva and Buffalo, Massena Springs and Utica, 
Northport and Spokane, Ogdensburg and Utica, Pembina and Winnipeg 
Junction, Port Huron and Chicago, Port Huron and Detroit, Portland and 
Island Pond, Portland and San Francisco, Port Townsend and Seattle, 
Rouses Point and Albany, St. Albans and Boston, St. Albans and Troy, 
.St. Paul and Portal, Seattle and Portland, Seattle and Skagway, Sault de Ste. 
Marie and Minneapolis, Spokane and Tacoma, Sumas and Seattle, Sumas, 
-New Whatcom and Seattle, Vanceboro and Bangor. 

Letters, postal cards, private mailing cards ("post cards"), and periodical 
publications for Mexico will be exchanged through the following railway 
post-offices : Texarkana and Laredo, Houston and Eagle Pass, Houston and 
El Paso, Benson and Nogales, Albuquerque and El Paso, El Paso and Los 
Angeles. 

The above are the general exchange offices. Other post-offices are author- 
ized to make local exchanges with post-offices in Canada and Mexico. 

At the foregoing offices all mail addressed to foreign countries 
is carefully scrutinized to see that nothing unmailable has been 
forwarded, and a list is made of the weight of the letters and 
packages included. At this point, also, all letters which do not 
bear the proper amount in stamps are withheld and returned to 
the address of the sender if possible. When the mails are de- 
livered to steamships, a list of their contents are also forwarded 
by the same vessel, and when foreign mails are received at the 
exchange offices of the United States the lists sent from abroad 
are carefully compared with the mails and any errors certified 
to the foreign offices. The amounts due for domestic transportation 
of the foreign mails under the rules of the Universal Postal Union 
are then charged against the credits which have been made to 
foreign countries for mail originating in the United States. 
Articles which seem to contain dutiable goods are separated 
from other mail matter, and the Custom House authorities are 
notified, if the persons addressed live within the radius of the 
exchange office. If the package is to be forwarded to another 
. office, it is stamped as apparently containing dutiable goods, and 



6o6 THE AMERICAN GOVERNMENT. 

upon its receipt at the office of delivery it is the duty of the 
postmaster to notify the local Customs officials that such a pack- 
age is held at the office, also to notify the addressee. The collector 
of customs may request the postmaster to have the package 
opened in his (the postmaster's) presence and the character of 
the contents of the package is then certified to the Custom House 
officials, who may either forward a note of the duty which should 
be collected, and which may be collected by the postmaster, or 
require that the goods be forwarded to the Custom House for ap- 
praisement. The alternative to this procedure is for a Custom 
House officer to be present when the package is delivered to the 
addressee and he can then make such requirements as to the 
inspection of the goods and the payment of duty as he deems 
appropriate. 

In order to expedite the transmission of mails between the 
United States and Germany and England, sea post offices are 
maintained on the trans-Atlantic liners and while mails destined 
for other than the countries named are made up in New York in 
closed pouches and shipped on board the vessel as a part of her 
regular lading, the mail for distribution by the post offices in 
Germany and England is made up into post office packets on 
board the vessel so that redistribution when it arrives abroad is 
not necessary. A similar distribution is made on the return 
trip of mail intended for the United States and which originates 
in the post offices of Germany and England, so that the stay of 
such mail in New York for the purpose of distribution is ma- 
terially shortened. Special postal arrangements in addition to 
the usual agreements in the Universal Postal Union are made 
between the United States, Canada, Mexico and Cuba. These 
include the transmission of first-class mail at the domestic post- 
age in each country to each of the other countries, and a free 
interchange of the official publications of the countries named. 
Besides this free interchange of official documents in these par- 
ticular countries there is a free interchange of correspondence 
relating to international mails between the various exchange 
offices throught the world, and with the international head- 
quarters. It is, of course, necessary to carry on a system of ad- 



THE AMERICAN GOVERNMENT. 607 

justment of the balances representing the difference between the 
various debits incurred in the exchange of international mail, 
and this is performed by an international headquarters, while the 
expense of the sea post offices is divided between the countries 
represented therein. Besides the free transportation heretofore 
mentioned, return postal cards and articles which are undeliver- 
able are given transportation under the Universal Postal Union 
free of charge. In addition to the sea post office service, provision 
is made for mail agents on certain of the steamship lines, each 
of whom receives $2,000 a year as compensation, and mail agents 
are also located at various points in the West Indies and in 
Japan and China for the purpose of supervising the transfer and 
exchange of mails of the United States, and to facilitate the ser- 
vice of both outgoing and incoming United States mails. 

The Division of Railway Adjustments, under the direction of 
the Second Assistant Postmaster General, has charge of all mat- 
ters relating to the railway transportation of mails. This includes 
not only the actual steam railway transportation, but transporta- 
tion by surface lines in cities as well, and such suburban trans- 
portation by electric car lines as may have been authorized; also 
the wagon and mail messenger transportation from railway sta- 
tions to post offices. Under former legislation, it was the duty 
of the Postmaster General to secure at intervals the weight of the 
mails transported for a given period of time on each of the rail- 
way mail routes of the country, and this occasional weighing 
was made the basis of the payments to the railroads. In con- 
nection with the recent investigation and consideration of the 
question of railway mail pay made by various commissions and 
committees, it has been deemed advisable to have a thorough and 
analytical weighing of the mails which is now going on for a 
period of six months. A careful classification and report of all 
the mails originating at the different post offices throughout the 
country has been inaugurated, and with the system of weighing 
now going on, it will be possible to state definitely the exact 
cost not only of carrying the sum total of the mails, but of carry- 
ing the separate classes of mail matter as well. 

The question of railway mail pay is by no means a simple one, 



.6o8 THE AMERICAN GOVERNMENT. 

for the reason that there enters into it not only a question of the 
weight carried by the railroads, but the question of facilities 
afforded, and of mail trains and fast schedules maintained in 
order that the time of transmission of mails may be reduced. 
•One such question was that with reference to the divisor to be 
used to secure the daily amount of mail which should represent 
a fair figure over a given route. The total weight of mail being 
taken for a period of, say, one week, it was complained that 
roads which ran seven-day trains were at a disadvantage as com- 
pared with roads which ran six-day trains, that is mail trains on 
seven days and six days respectively. When seven was taken as 
a divisor for the week's mail carrying, it gave, of course, a smaller 
daily average than when six was taken as a divisor to secure a 
basis upon which payments should be made so that a road which 
gave a better service might receive a smaller pay. It was finally 
decided to take the actual number of days on which the weigh- 
inging took place as the divisor, and the result, representing the 
average amount of mail carried in one day, is the basis upon 
which the railroad receives pay for the service. In addition to 
this weight payment, there is a car payment, a sum being allowed 
for each mile traveled by a railway post office attached to a train, 
while under special provision of law additional amounts of 
bounty are paid to certain roads on certain routes in order to 
secure through transportation between important cities by lines 
of railway travel upon which trains making the necessary sched- 
ules would not otherwise be run. 

As a result of the movement for greater economy in the pay- 
ment of railway mail pay, a change of system has been effected 
so that a large quantity of postal supplies which were formerly 
sent by the regular mail trains are now sent by freight, and con- 
siderable economies have been secured. Shipment of such sup- 
plies is under the direction of the Division of Railway Adjust- 
ments, which also superintends the weighing of the mails and 
matters relating to mail carrying on electric cars. This division 
also makes arrangements for the letting of contracts for carry- 
ing the mails between the stations of the railroads and the post 
offices. In large cities where pneumatic tubes have not been 



THE AMERICAN GOVERNMENT. 609 

installed, this contract assumes considerable proportions and in 
all cases where the post offices are more than eighty rods from 
the railway stations, a contract has to be made with a private 
party for the delivery of the mail to the post office and vice 
versa. The pneumatic tubes which are in use in the larger cities 
for the transportation of mails between the post offices and the 
railway stations come under the direction of this division also, 
which makes arrangements for the installation and maintenance 
of such equipment. 

The Division of Contracts, under the Second Assistant Post- 
master General, has charge of matters relating to the letting of 
contracts for carrying mails on steamboats and on "Star" routes, 
so-called. The latter are routes on which no prescribed method 
is laid down for the carrying of the mails, and they may be trans- 
ported in the option of the contractor by any means which will 
promote the safety and speed of their transmission. Star routes 
cover the less populous sections of the country, and the United 
States is divided into four sections for letting of contracts, the 
divisions being as follows: 

a. Maine, New Hampshire, Vermont, Massachusetts, Rhode 
Island, Connecticut, New York, New Jersey, Pennsylvania, Del- 
aware, Maryland, District of Columbia, Virginia and West Vir- 
ginia; current term, July i, 1905, to June 30, 1909. 

b. North Carolina, South Carolina, Georgia, Florida, Alabama, 
Mississippi, Tennessee, Kentucky and Porto Rico; current term, 
July I, 1904, to June 30, 1908. 

c. Ohio, Indiana, Illinois, Michigan, Wisconsin, Minnesota, 
Iowa and Missouri; current term, July i, 1907, to June 30, 1911. 

d. Arkansas, Louisiana, Texas, Indian Territory, Oklahoma, 
Kansas, Nebraska, North Dakota, South Dakota, Montana, 
Wyoming, Colorado, New Mexico, Arizona, Utah, Idaho, Wash- 
ington, Oregon, Nevada, California, Alaska and Hawaii; current 
term, July i, 1906, to June 30, 1910. 

A section is advertised for contract, once in four years, the con- 
tract being let for four years. The advertisements for bids are 
posted in the local post offices of the sections in which the contracts 



6io . ' THE AMERICAN GOVERNMENT. 

are to be let, and postmasters are required to furnish information to 
prospective bidders. Bids can only be made on one route, combina- 
tion bids being forbidden and must be accompanied by a bond, the 
amount of which is fixed in accordance with the importance of the 
route and conditioned that the bidder will perform the contract if it 
is awarded to him by the Postmaster General. The bond must be 
accompanied by the oath of the sureties as to their responsibility, 
and must be approved by the postmaster, or if the sum exceeds 
$5,000, only by a postmaster of the first, second or third classes. No 
bidder will be accepted who is under twenty-one years of age, is a 
married woman or is disqualified from entering into a contract. 
The purpose of the bond required is that the United States shall 
not be put to the trouble and expense of bidders declining to perform 
the service at the price named by them. The United States can 
recover under the terms of the bond any amount which it shall lose 
or be required to pay in addition to the bids made for the service to 
be performed. 

The successful bidders are liable under their bonds also for de- 
ductions for failure to properly carry the mails and for any addi- 
tional expense which may be incurred by the United States by reason 
of their failure to carry out the terms of contract throughout the 
period for which it is let to them. 

The Division of Contracts, under the Second Assistant Postmas- 
ter General, has also the details relating to contracts for steamboat 
mail service. This includes only the steamboat service in the do- 
mestic waters of the United States for the transmission of mails on 
routes which cannot economically utilize land service. In addition 
io the facilities for transporting the mails, steamboat contractors on 
routes which require the travel of postal clerks on more than one 
working day, are required to provide sleeping accommodations for 
the post office employees. 

All contracts and orders affecting the contract mail routes are re- 
quired to be certified daily to the Auditor for the Post Office De- 
partment, and the determination of the amounts which are to be 
paid to the contractors, under the terms of their contracts, is made 
in accordance with the result of the work of the Division of Inspec- 



THE AMERICAN GOVERNMENT. 6ii 

tion, which is attached to the office of the Second Assistant Post- 
master General, and which examines monthly and special reports of 
postmasters as to the performance by contractors of their duties. 
When contractors fail in the performance of their duties, either by 
the omission of trips, or by failure to keep to the schedule time, fines 
are imposed and the orders for such fines and deductions for non- 
performance of service are made by the Division of Inspection, which 
certifies to the Auditor for the Post Office Department the amount 
due to contractors for their work. 

The Division of Equipment, under the direction of the Second 
Assistant Postmaster General, has charge of the mail bags and mail 
repair shops, situated in Washington, and attends to all matters per- 
taining to the issuing of mail pouches, sacks, keys, key chains, etc., 
to the postal officials, and to the repair of such equipment when nec- 
essary. The division keeps a record of all articles furnished, and 
examines all accounts relative to the purchase or repair of mail 
equipment. 

The Second Assistant Postmaster General, in connection with his 
duties in supervision of matters relating to foreign mails has direc- 
tion of the payment of postal subventions, authorized by law, of 
$4.00 per mile for first-class ships and $2.00 a mile for second-class 
ships, $1.00 a mile for third-class ships, and $.66. 2-3 for fourth- 
class ships, such amounts to be paid upon the shortest practicable 
route for the outward voyage of any ship to the port of destination, 
and conditioned on the ownership and manning of the vessels by 
citizens of the United States and of the construction of the vessels 
so that they may be utilized in time of war as auxiliary cruisers in 
the Navy. Their construction is required to be such that they can 
carry at least four six-inch cannon. Under the provisions of this 
law, several vessels have been built, especially for the West Indian 
and South American trade, which come within the provisions of the 
law as to construction, but with the exception of vessels running on 
special routes, the benefits of this subvention are not generally taken 
advantage of, for general reasons having to do with the difficulties 
of operating vessels profitably under the navigation laws of the 
United States and current maritime conditions. 



6i2 THE AMERICAN GOVERNMENT. 



THIRD ASSISTANT POSTMASTER GENERAL. 

The Third Assistant Postmaster General has supervision over 
matters relating to the postal finance, and a very important class of 
cases relating to the admission of matter to the mails and the ap- 
propriate amount to be paid for its transmission. The question of 
postal finance alone is one of almost as great importance as that of 
the finances of the United States. Although the moneys received 
from the postal revenues are deposited in the Treasury, and the ex- 
penditures are paid to a considerable degree by amounts withdrawn 
from the Treasury of the United States, the postal revenues are 
separate and distinct from the other revenues of the Federal Gov- 
ernment, and constitute a different fund, the administration of which 
is under the direction of the Postmaster General. The revenues for 
the maintenance of the postal service come from postage, including 
the fees for registered letters and for special delivery letters; from 
box rents; from the amounts which have been forwarded in letters 
which cannot be delivered and which are, when the fact of non- 
delivery is ascertained, turned into the postal revenues, fines and pen- 
alties imposed for the violation of postal laws, balances from foreign 
countries and miscellaneous receipts. The amounts involved in the 
money order business are not a part of the postal revenues, but are 
kept in separate accounts, although transfers may be made from one 
fund to the other for temporary use. The expenses of the Post 
Office Department are met by appropriations by the Congress from 
money which has been deposited in the Treasury of the United 
States as the amounts received from postal revenues. Postmasters 
are authorized to meet certain of the current expenses of their offices 
from the postal revenues as they are received, but the net amount 
accruing at each postoffice must be turned into the Treasury and 
all amounts paid out from the postal revenues are paid by warrant 
on the Treasury, under one of the heads of appropriation fixed by 
Congress, so that the money itself accruing from the postal revenues 
is not under the direct care of the Postmaster General, but is held in 
the Treasury subject to his orders, which must be validated by the 
signature of the Auditor for the Postoffice Department, who is an 



THE AMERICAN GOVERNMENT. 613 

official of the Treasury Department, that an amount equivalent to 
the face value of the warrant has been deposited from the postal 
revenues in the Treasury, and that there has been warrant by appro- 
priation by Congress for the withdrawal of the amount stated to be 
applied to a particular purpose. The amount accruing under the 
postal revenues not being sufficient to meet the expenses of the ser- 
vice, Congress is required to make an annual appropriation, in gen- 
eral terms, of the sums necessary to meet the deficiencies in any 
specific appropriation, the main expense of which is to be paid out 
of the postal revenues. 

For the purpose of collecting the net amount accuring from the 
postal business at the different offices certain of the larger post 
offices are designated as depositories for postmasters at the 
smaller offices, and the postmasters at depository offices are re- 
quired to keep books of credits with the officials of the smaller 
offices, and to forward the funds as they accumulate to a sub- 
Treasury or to the Treasury of the United States. Duplicate 
receipts are given for all postmasters' deposits, one of which is 
retained by the postmaster as a voucher and the other forwarded 
to the Auditor for the Post Office Department. All of the ac- 
counts arising in the business of the Post Office Department, 
and the postal service are forwarded ultimately to the Auditor 
for the Post Office Department, who conducts the final audit in 
all matters, certifies all balances which may be due and signs 
the warrants for the deposit or of money in the Treasury, and 
for withdrawal of funds therefrom. 

An entirely separate account is kept of the money which is 
received by the postal service in payment of money orders and 
which is paid out to the holders of such orders. This subdivision 
of the funds is maintained throughout the postal system, and 
postmasters must keep their money order funds separate from 
their postal revenues, except that they may use amounts avail- 
able in each for making up temporary deficiencies in the other. 
That is to say, a postmaster who has a money order to pay and 
has not a sufficient amount in his money order account may 
transfer the balance from the postal revenue, although the 
amount transferred remains as a debit against the money order 



6i4 THE AMERICAN GOVERNMENT. 

account, and must be repaid to the postal revenues as soon as 
practicable. Postmasters are required to keep a sufficient amount 
of money on hand to meet the demands for payment of money 
orders which may be expected, and a central office is maintained 
in connection with the New York Post Office, on which post- 
masters may draw for funds to meet the payment of money orders 
of which they have notice, or which they may reasonably antici- 
pate will be presented. 

The Division of Finance under the Third Assistant Postmaster 
General has charge of all matters connected with the collection 
and deposit of the postal revenues, together with consideration of 
irregularities and false returns of business by postmasters, and 
the recording of all expenditures under the several appropriations 
for the postal service, and the details involved in the usual financial 
operations of transferring money from one post office to another, 
in order to meet the various needs of the service. The Division of 
Finance is under the direction of a superintendent, who is required 
to give a bond in the sum of ten thousand dollars. 

The Division of Stamps, under the Third Assistant Postmaster 
General, makes arrangements for the preparation for the various 
denominations of postage stamps, and for their issue to the post- 
masters as requisitioned for, directs the sales of stamped paper and 
the agencies established at the points where this class of supplies for 
the postal service is manufactured by contract, besides investigating 
and reporting upon claims of postmasters for allowances for stamps 
and stamped paper lost by burglary, fire or other unavoidable cause. 
Each postmaster is, of pourse, charged with the face value of the 
stamps and stamped paper furnished to him, and must make a re- 
turn either in cash, as shown by vouchers for Treasury deposits, or 
in remaining supplies, and must either pay for the balances found 
against him out of his own funds, or secure an allowance therefor 
through a claim filed with the Division of Stamps and acted upon 
by the Assistant Attorney General for the Post Office Department 
with the final approved of the Postmaster General. 

The Division of Money Orders, under the Third Assistant Post- 
master General, has charge of all matters relating to the money 
order system, including the international arrangements for the 



THE AMERICAN GOVERNMENT. 615 

transmission of money by orders through the mails, and the Divis- 
ion of Registered mails has supervision over the operations of the 
registered mail system, except that all correspondence with foreign 
officers relating to the foreign registry system must be conducted 
through the office of the Second Assistant Postmaster General. The 
registry system of the United States mail is intended to secure 
valuable letters and parcels from loss in the mails, and is based simply 
upon a requirement that every person into whose hands the letter 
or parcel may come must sign for the same, after having identified it, 
and must forward it to the next responsible person, in a carrier 
which is specially marked and with which special precautions are 
taken. The person sending a letter or parcel receives a receipt, and 
the package thereafter, until receipted for by the addressee, is cared 
for by sworn officials, each of whom makes himself personally re- 
sponsible by his signature to a receipt, and who protects himself by 
securing the signature of the person to whom the letter or parcel is 
next delivered. The fee for registration is eight cents, in addition to 
the postage, and a limit of damage for loss is placed at one hundred 
dollars, and the value of a registered article, should it be lost, will 
be paid up to that amount, the amount paid being that which can be 
shown to be the actual value of the article lost. 

The Division of Classification, under the direction of the Third 
Assistant Postmaster General, has charge of matters relating to the 
construction and application of the law prescribing the diflferent 
classes of mail matter. Such classes and the postage fixed for each 
are as follows : 

First Class Matter. — Written matter, namely : Letters, postal cards, post 
cards (private mailing cards) and all matter wholly or partly in writing, wheth- 
er sealed or unsealed, except manuscript copy accompanying proof-sheets or 
corrected proof-sheets of the same, and the writmg authorized by law to 
be placed upon matter of other classes. All matter sealed or otherwise 
closed against inspection is also of the first class. Typewriting (with carbon 
or letter-press copies thereof) is held to be an equivalent of handwriting 
and is classed as such in all cases. 

Rates of Postage. — On letters and other matter, wholly or partly in writing, 
except the writing specially authorized to be placed upon matter of other 
classes, and on sealed matter or matter otherwise closed against inspection — 
two cents an ounce or fraction thereof. 

On postal cards — one cent each, the price for which they are sold. 



6i6 THE AMERICAN GOVERNMENT. 

Private mailing cards (post-cards) conforming to the requirements of 

Section 418, Postal Laws and Regulations — one cent each. 

On "drop letters," two cents an ounce or fraction thereof when mailed at 
letter-carrier post offices, or when mailed at post offices which are not letter- 
carrier offices if rural free delivery has been established and the persons 
addressed can be served by rural carrier; and one cent for each ounce or 
fraction thereof at offices where neither letter-carrier nor rural delivery 
service has been estabhshed and at offices where rural delivery service has 
been established, if the persons addressed cannot be served by rural carrier 
because they reside beyond the limits of the rural delivery service. 

Matter of the second class embraces all newspapers and other peri- 
odical publications which are issued at stated intervals, and as fre- 
quently as four times a year and are within the conditions named. 

The conditions upon which a publication admitted to the second 
class are as follows: 

First. — It must regularly be issued at stated intervals, as fre- 
quently as four times a year, and bear a date of issue, and be num- 
bered consecutively. 

Second. — It must be issued from a known office of publication. 

Third. — It must be formed of printed paper sheets, without board, 
cloth, leather, or other substantial binding, such as distinguish print- 
ed books for preservation from periodical publications. 

Fourth. — It must be originated and published for the dissemina- 
tion of information of a public character, or devoted to literature, 
the sciences, arts, or some special industry, and having a legitimate 
list of subscribers. 

All periodical publications issued from a known place of publica- 
tion at stated intervals and as frequently as four times a year, by or 
under the auspices of a benevolent or fraternal society or order 
organized under the lodge system and having a bona fide member- 
ship of not less than one thousand persons or by a regularly incor- 
porated institution of learning, or by or under the auspices of a 
trades union, and all publications of strictly professional, literary, 
historical, or scientific societies, including the bulletins issued by 
State boards of health and State agricultural colleges, are ad- 
mitted to the mails as second-class matter. 

The rate of postage on newspapers and periodical publications of the 
second class, when sent by other than the publisher thereof, or a news 



THE AMERICAN GOVERNMENT. 617 

agent, is one cent for each four ounces, or fractional part thereof, to each 
single address, prepaid by stamps affixed. 

There is no such rate of postage as four cents a pound. 

When mailed by the publisher from the known office of publication and at 
the Post Office of Entry : One cent a pound, prepaid in money, on the bulk 
weight of all copies addressed to subscribers, and on the bulk weight of all 
copies sent as samples for the bona fide purpose of securing new subscrip- 
tions or advertising patronage, or to persons to become agents for the 
publication. The number of sample copies mailed at the pound rate with any 
issue may not exceed the number of copies of that issue required for sub- 
scribers. (See Sec. 456, P. L. and R.) 

When Mailed by a News Agent: One cent a pound, prepaid in money, 
on the bulk weight of all copies sent to subscribers, and on the bulk weight 
of all copies sent to other news agents for the purpose of sale. (See Sec. 
448. P. L. and R.) 

Newspapers and periodicals, when deposited by the publisher, or by a 
news agent, in a letter-carrier office, for box delivery, or for delivery 
through the general delivery window, are subject to postage at the rate of 
one cent a pound. Weekly newspapers, when deposited by the publisher, or 
a news agent, in a letter-carrier office for local delivery by city letter-carriers 
or otherwise, are subject only to the rate of one cent a pound. 

Publications which have been admitted to the second class, one copy only 
to each actual subscriber residing in the county where the same are printed, 
in whole or in part, and published, may go free through the mails, if properly 
presented for mailing separately from those on which postage is to be paid, 
except for delivery by carrier. 

Periodicals not exceeding two ounces in weight, when deposited m a letter- 
carrier office for delivery by its city carriers, are subject to one cent postage 
each, prepaid by stamps affixed. 

Periodicals exceeding two ounces in weight, when deposited in a letter- 
carrier office for delivery by its city carriers, are subject to two cents 
postage each, prepaid by stamps affixed. 

Within the past few years an attempt has been made to restrict 
the privileges of second class matter to periodicals which come with- 
in the terms of the law, and to restrict the periodicals which are 
entitled to the privilege within its limits. Under a more liberal con- 
struction of the law, than that which is now in effect, there crept 
into the second class mail a ver}- large volume of matter, the adm.is- 
sibility of which was doubtful, to say the least, and which materially 
increased the cost of the transmission of the mails. In connection 
with investigations that have been going on as to the 
reason for the large deficiencies in postal revenues to meet 



6i8 THE AMERICAN GOVERNMENT. 

expenses of the postal service, it became apparent that if 
the second class mail matter was brought within the limits evidently 
contemplated by the Congress, a very material saving could be 
effected and that, in some instances, transmission under second-class 
mail rates could appropriately be withdrawn from publications which 
were largely in the nature of advertising circulars, without any gen- 
eral utility as means of disseminating information, or promoting lit- 
erature, art or other branches of human knowledge. The resulting 
campaign against abuses of the second-class privilege, which was 
established primarily as an encouragement to the dissemination of 
printed information, became a decidedly bitter one and an appeal 
was made to the courts, which has substantially fixed the statue of 
the rights of publishers and those of the Post Office Department to 
set up the requirements under the law which publishers must obey 
in order to secure the privilege of cheap transmission of their publi- 
cations. The difference between the second and third class rates 
of postage, affording an opportunity for disseminating circulars at 
a very much smaller cost if they could be issued under the guise 
of periodicals was the cause of the abuse of the second class privi- 
lege and this abuse by reason of the close restrictions applied by 
the Post Office Department has been, if not entirely abolished, ma- 
terially checked. 

Mail matter of the third class embraces books, circulars, and 
other matter wholly in print, proof sheets, corrected proof sheets, 
and mahuscript copy accompanying the same, and postage is fixed 
at the rate of one cent for each two ounces or fractional part 
thereof. 

In order to secure third class rates for reproduced matters at 
least twenty identical fac-similes by a mechanical process must be 
presented for mailing at once, directed to different addresses. Other- 
wise they must go at first class rates. A written prefix to a circular 
letter is, however, permitted, and a visiting card or business card 
or order blank may be included with third class matter. No person- 
al communications or directions can, however be written or included 
without making the matter liable to first class postage. 

Mailable matter of the fourth class embraces all matter not embraced 
in the first, second or third class which is not in its form or nature liable 



THE AMERICAN GOVERNMENT. 619 

to destroy, deface, or otherwise damage the contents of the mail bag or 
harm the person of anyone engaged in the postal service, and is not exceed- 
ing four pounds for each package thereof, except in case of single books 
weighing in excess of that amount, and except for books and documents 
published or circulated by order of Congress, or printed or written official 
matter. 

All matter of the fourth class is subject to examination and to a postage 
charge at the rate of one cent an ounce or fraction thereof, to be prepaid by 
stamps affixed. 

The postage on seeds, cuttings, bulbs, roots, scions, and plants is charged 
at the rate of one cent for each two ounces or fraction thereof, subject in 
all othei respects to the existing law. 

The following definite classification is of articles generallly dis- 
patched in the mails but does not include all mailable articles : 

Advertising cards combined with post cards 3d. 

Advertising signs printed on other material than paper 4th. 

Albums, autograph, without writing 4th. 

Albums, autograph, with writing ist. 

Albums, photograph 4th. 

Almanacs 3d. 

Animals, stufYed 4th. 

Architectural designs, printed 3d. 

Architectural designs, containing writing (see Drawings) ist. 

Artificial flowers 4th. 

Assessment notices, wholly in print 3d. 

Assessment notices, partly in writing ist. 

Article. Class. 

Baggage checks, metal 4th. 

Bees, queen 4th. 

Bills, wholly or partly in writing ist. 

Blank account books 4th. 

Blank books, with written entries ist. 

Blank cards 4th. 

Blank printed forms, with written signature ist. 

Bind, indented or perforated sheets of paper containing characters 

which can be read by the, unsealed 3d. 

Blueprints 3d. 

Books, printed 3d. 

Botanical specimens, not susceptible of being used in propagation.. 4th. 

Bulbs 4th. 

Calendars, printed on paper 3d. 

Calendars, printed on material other than paper 4th. 

Candies 4th. 



620 THE AMERICAN GOVERNMENT. 

Article. Class. 

Carbon copies of typewritten matter ist. 

Card games 4th. 

Cards, blank 4th. 

Cards, Christmas, Easter, etc., printed on paper 3d. 

Cards, Christmas, Easter, etc., printed on material other than paper 4th. 

Cards, visiting, bearing written name ist. 

Catalogues 3d. 

Certificates, blank 3d. 

Certificates, filled out in writing ist. 

Check books, blank 3d. 

Checks 3d, 

Checks, in writing, canceled or uncanceled ist. 

Chestnuts 4th. 

Chromes, printed on paper 3d. 

Cigars 4th. 

Circulars, printed 3d. 

Clippings (see Newspaper clippings) 3d. 

Cloth, camples of 4th. 

Coin 4th. 

Coin holders, card, blank 4th. 

Copy books, school, with printed lines and instructions for use 3d. 

Crayon pictures or drawings, framed or unframed 4th. 

Cuts, wood and metal 4th. 

Cuttings of plants or trees 4th. 

Daguerreotypes 4th. 

Designs, wholly in print on paper 3d. 

Diplomas, blank 3d. 

Diplomas, filled out in writing ist. 

Drawings (pen or pencil), without writing, framed or unframed.. 4th. 
Drawings or plans containing written words, letters, or figures indi- 
cating size, price, dimensions, etc ist. 

Electrotype plates 4th. 

Engravings, when framed 4th. 

Engravings and wood cuts, impressions from, printed on paper 3d. 

Engravings and wood cuts on wood or metal base 4th. 

Envelopes mailed in bulk 4th. 

Flour, samples of 4th. 

Flowers, cut or artificial 4th. 

Fruit, dried 4th- 

Geological specimens 4th. 

Grain, samples of 4th. 



THE AMERICAN GOVERNMENT. 621 

Article. Class. 

Herbs, dried 4th. 

Honey, in comb 4th_ 

Insects, dried 4th. 

Invitations, printed or engraved, containing no other writing than 

date and name and address of person addressed and sender 3d. 

Labels, written ist. 

Letterpress copies of handwritten or typewritten matter ist. 

Liquids 4th. 

Liquors, ardent, vinous, spirituous, or malt, unmailable. 

Lithographs 3d. 

Magazines or newspapers, mailed by the public {see Second-class 

matter, section 2, i cent for each 4 ounces or fraction 2d. 

Manuscript or typwritten copy, without proof sheets ist. 

Manuscript copy, accompanied with proof sheets 3d. 

Maps, printed on cloth ' . . . 4th. 

Maps, printed on paper, with the necessary mountings 3d. 

Medals or coins 4th. 

Merchandise, samples of 4th. 

Metals 4th. 

Minerals 4th. 

Music books 3d. 

Newspaper clippings, with name and date of paper stamped or 

written in 3d. 

Newspapers or magazines, mailed by the public, i cent for each 

4 ounces or fraction 2d. 

Nuts, in natural state 4th. 

Paintings, framed or unf ramed 4th. 

Paper, blank 4th. 

Patterns, printed or unprinted 4th. 

Photographs, mounted or unmounted 3d. 

Plans and architectural designs, printed 3d. 

Plants for propagating purposes 4th. 

Postage stamps, canceled or uncanceled 3d. 

Postal cards, used, wholly or partly in writing, remailed ist. 

Post cards, printed 3d. 

Posters, printed on cloth 4th. 

Posters, printed on paper 3d. 

Price lists, printed, containing written figures changing individual 

items 1st. 

Price lists, wholly in print 3d. 

Printed matter on other material than paper 4th. 



622 THE AMERICAN GOVERNMENT. 

Article. Class. 

Printing, samples of 3d. 

Proof sheets, printed, corrected, with or without manuscript 3d. 

Receipts, printed, with written signatures ist. 

Receipts, partially printed, with writing ist. 

Roots 4th. 

Rulers, wooden or metal 4th. 

Seeds 4th. 

Sheet music 3d. 

Shorthand or stenographic notes 1st. 

Soap (^see paragraph 10, section 13) 4th. 

Tags, blank 4th. 

Tags, printed 3d. 

Telegram blanks 3d. 

Tintypes 4th. 

Typewritten matter, original letterpress and manifold copies thereof ist. 

Valentines, printed on paper 3d. 

Valentines, printed on other material than paper 4th. 

Wall paper 4th. 

Another important function of the Division of Classifications re- 
lates to the admission of letters and other matters which are intend- 
ed for persons who are engaged in illegal and fraudulent trans- 
actions, and who use the mails as a medium for their operations. 
All letters which are intended for persons who are operating lotteries, 
and letters addressed to persons and firms who have been 
found upon investigation to be attempting to practice fraud by means 
of advertisements offering inducements which they cannot fulfill 
are stamped upon receipt, either at the office of origin, or delivery, 
with words indicating the fraudulent or illegal nature of the busi- 
ness which is being conducted by the person to whom addressed, 
and if possible the letters are returned to the senders, or if the name 
of the senders does not appear on the outside of the envelope, they 
are forwarded to the Dead Letter Office for treatment with other 
non-delivered letters. 

Before persons can be placed on the list of those whose mail is 
returned to the senders, they must, unless their business is palpably 
illegal and forbidden to the mails by law, be given a hearing before 



THE AMERICAN GOVERNMENT. 623 

the notice of their inelhgibility to receive mail, technically called a 
"fraud order," is issued. Complaints of the character of business 
done by persons using the mail are received almost daily by the Post- 
office Department from persons who have been victimized and such 
complaints, together with other information that may come to the 
knowledge of the Department, are investigated by the Postoffice 
inspectors, and upon report of the latter, notices to show cause why 
fraud orders should not be issued are sent out to the suspected per- 
sons, and unless they can show positively the legal and equitable 
nature of their business, orders are issued against them and their 
mail is returned as above described. It is frequently the case that 
those against whom such orders have been issued attempt to evade 
the orders by having their mail sent in the name of others, and when 
such a condition is found to exist it is regarded as the prima facie 
reason for the issue of a further fraud order against the persons 
whose name is so used. 

In connection with second class postage, the privilege is given to 
publishers of paying the accruing postage in lump sum, instead of 
by affixing stamps representing the amount of postage due, as was 
formerly done, such stamps being then kept in the post offices and 
applied to bundles of papers in accordance with the weights found 
on each bundle. At present, a cash deposit is made by the publisher 
of an amount which will cover the postage due on forthcoming 
issues for a given period and the publications are forwarded with- 
out stamps. The Division of Classifications has charge of the details 
relating to these accounts, and of seeing that the postage is properly 
collected. In a similar way persons who send out large amounts 
of third and fourth class matter which would ordinarily require 
the affixing of stamps of appropriate denominations, generally one- 
cent stamps, can by making a suitable deposit, print upon the wrap- 
pers of such circulars provided not less than two thousand pieces 
are sent out, notice that the postage has been paid in a lump sum, 
and are thus relieved of the labor involved in affixing the postage 
stamps. 

The Division of Classification also has charge of matters relat- 
ing to the use of franks and penalty envelopes, and the restrictions 
imposed by the law on the subject. Franked envelopes are used by 



624 THE AMERICAN GOVERNMENT. 

Members of Congress, and the frank consists of the facsimile of the 
signature of the members printed in the right-hand upper 
corner, together with the letters M. C. or U. S. S. The left hand 
corner also carries the words "Official Business." It is supposed 
that members shall use the franking privilege only for official com- 
munications, but a considerable latitude is given to them and their 
own construction of what can be included within official communica- 
tions is a liberal one. Official communications by the heads of the 
executive departments and their subordinates are transmitted through 
the mails free in envelopes which bear a notice that a penalty of 
$300.00 will be imposed for the use of such envelopes for other 
than official business. These are described as penalty envelopes, and 
although there is, of course, sometimes a difficulty in exactly draw- 
ing the line between official and personal business, restriction is 
rather closer in cases of penalty envelopes than in matter sent out 
under the frank of members of Congress. All public documents 
and seeds are sent out under frank, and the volume of mail matter 
included within the franking and penalty envelope privileges, which 
will be definitely ascertained when the present system of weighing 
is completed, is a very considerable proportion of the total volume 
of mail handled by the postal service of the United States. Besides 
the foregoing classes of free mail matter and that of the President, 
the only other persons having free transmission of their mail ac- 
corded to them are the widows of Presidents of the United States, 
who are generally by law given a frank, which consists of their 
name written on the envelope, and in some cases all matter address- 
-ed to them has been delivered free of charge. Special provisions 
are also made for soldiers' and sailors' letters, which can be trans- 
mitted through the mails without pre-payment of postage, when 
they originate in the field, or other point where postage stamps are 
not available, but which must have due certification by commanding 
officers, and the postage on the same must be paid at the point of 
delivery. 

THE FOURTH ASSISTANT POSTMASTER GENERAL. 

The chief of the duties of the Fourth Assistant Postmaster Gener- 
al relate to the control of the rural free delivery which was estab- 



THE AMERICAN GOVERNMENT. 625 

lished as an experiment by the Postoffice Department, and which was 
authorized by law in 1902. This provides for a house to house de- 
livery by a carrier with a vehicle along country roads leading from 
designated postoffices, the maximum of the compensation for such 
carriers being $900.00 a year, the carriers, however, being allowed 
to transport such merchandise as they may be able to do without 
interfering with the delivery of the mails. The rural free delivery in 
the five years of its official existence has assumed very large pro- 
portions and is responsible for a considerable part in the increase in 
the cost of the postal service. Rural free delivery routes are es- 
tablished upon the application of a majority of the patrons of a 
given office or section served by that office, and upon the recom- 
mendation of the post-office inspector. Although the service 
is designed as a material convenience for patrons of the postal 
service, it has frequently happened that the installation of a 
rural delivery route has been vehemently opposed by many of the 
residents, on account of the consequent closing of some of the small- 
er postoffices and the inconvenience involved thereby to persons re- 
siding close to the smaller offices. Rural free delivery carriers are 
appointed after an examination, conducted under the auspices of the 
Civil Service Commission, and are required to give bond. They are 
forbidden to solicit orders for merchandise from the patrons along 
their routes, and restrictions are placed upon them as to the carriage 
of alcoholic liquors and the performance of any work or trans- 
action of any business which would interfere with the performance 
of their postal duties. Each house is required to have a mailbox 
beside the road to facilitate deliveries and collections. The rural 
carrier, besides delivering and collecting the mail is empowered to 
transact other postal business, so that the effect of the establish- 
ment of the system has been to bring the postoffice to the doors of 
hundreds of thousands of rural homes, and has made possible a 
daily dissemination of the mail in districts where mail communica- 
tion was dependent largely upon the ability of the inhabitants to 
visit the post-offices. 

The Division of Supplies, under the direction of the Fourth As- 
sistant Postmaster General, has charge of the furnishing of supplies 
to post-offices ^nd postal service generally, except stamps and mail 



626 THE AMERICAN GOVERNMENT. 

equipment. This includes a large variety of articles necessary in 
the administration of post-offices. The contracts are made as de- 
scribed under the paragraphs relating to the purchasing agents, but 
all requisitions for supplies are received in this division, and the 
necessary allowances and orders made up. 

The Division of Dead Letters receives all matter that is undeliver- 
able, and which cannot be returned to the sender on account of 
no evidence appearing on the envelope of the sender's address. 
Such letters are opened in the Division of Dead Letters, under ap- 
propriate check, so that no one person may have the custody of a 
letter containing valuable articles without the same coming to the 
knowledge of another person, and if the sender can be ascertained 
by anything connected with the letter when thus opened, the envel- 
ope and its contents are returned to the person to whom they 
belong. That is, to the sender, if the addressee's name cannot be 
ascertained by the contents of the envelope, and to the addressee 
if possible. Before opening the envelope, the clerks of the Dead 
Letter Office are required to correct misdirected letters when possi- 
ble, and the office is equipped with a set of directories of the differ- 
ent cities of the United States, together with other sources of in- 
formation. The clerks have become so expert in the deciphering 
of addresses that in most cases of a poor direction, they are able 
to send the letter on to the addressee without opening. In case 
of a blank envelope, however, or of an undecipherable address, the 
course before described is followed. All articles of value which are 
received in the Dead Letter mail are retained and the amount in 
cash is turned into the Treasury, while the other articles are sold 
annually at a dead letter sale, which takes several days, and which 
is held in Washington, The proceeds from such sale are turned 
into the Treasury of the United States to the credit of the postal 
revenues. 

By the statutes of the United States, post roads are established 
under the terms of the Constitution which permit the Congress to 
establish postroads and provide for the carrying of mail thereon. 
The post roads established include all the waters of the United 
States during the time the mail is carried thereon, all railroads or 
parts of railroads which are now or hereafter may be in opera- 



THE AMERICAN GOVERNMENT. 627 

tion, all canals, all plank roads, all public roads and highways, when 
kept up and maintained as such, all letter carrier routes and any 
road by which a mail may be carried to supply a court-house which 
is without a mail. The Postmaster General has the authority to 
establish postoffices on such post roads, and he may in addition ex- 
tend a line of road to supply mails to postoffices which are not 
on any established road. The foregoing means that all methods of 
communication within the United States are established as post 
roads and that where post office facilities are needed at points which 
have no established communication, the Postmaster General is em- 
powered to extend the post roads by a system of posts, so that 
there shall be no point within the jurisdiction of the United States 
which cannot have mail communication with the rest of the United 
States, under such regulations and with such facilities as it may 
be practicable to establish. Congress has especially provided by 
several enactments that court houses, i. e., the center of local govern- 
ment in each subdivision and the location of the administration of 
justice shall not be without mail communication. For the purpose 
of denoting graphically the points at which post-offices are located 
and routes oer which mails are carriers, a system of topography is 
maintained under the direction of the Fourth Assistant Postmaster 
General, who has charge of all matters relating to the preparation 
of post route maps. Such maps are issued for the information and 
guidance of postal employees and of contractors, but may also be 
secured by the general public at a price fixed by the Department 
and which covers the cost of printing. 

The Division of Redemption, under the Direction of the Third 
Assistant Postmaster General, receives and examines all damaged 
and unsaleable stamps, stamped envelopes and postal cards sent by 
the postmasters to the department for redemption. If upon examin- 
ation it appears that they are being appropriately redeemed and 
credited to the account of the postmasters, the Auditor for the Post- 
office Department is advised of the amount of the credit, and the 
stamps are destroyed in a similar manner to the destruction of bank 
notes. 



^28 THE AMERICAN GOVERNMENT. 



CHAPTER XIII. 

THE NAVY DEPARTMENT. 

Notwithstanding efforts for a number of years to place the organ- 
ization of the Navy Department under a general staff system, such 
as that now in effect in the War Department, the administration of 
the affairs of the Navy is carried on in accordance with the Bureau 
system, the general principles of which have been explained in the 
chapter on the War Department. That is, besides the civilian con- 
trol of the administrative affairs of the department proper, each 
phase of the provision of war material for the navy and of the pro- 
visions for the maintenance of the vessels and personnel is entrusted 
to a semi-independent bureau, co-ordinated with the military branch 
of the department only through the efforts of a civilian secretary. 

The department proper of the Navy department consists in effect 
only of the office of the Secretary of the Navy, with its immediate 
adjuncts. The personal office of the Secretary, the Assistant Sec- 
retary and his office, the office of the Chief Clerk, and the library 
are all that are directly and solely in matters of administration un- 
der the immediate supervision of the Secretary. The office of the 
Judge Advocate General, although assigned in the departmental 
division to the Secretary's office, has, to a considerable degree to 
do with the discipline of the personnel, so that the Judge Advocate 
General, in addition to being the Secretary's legal adviser is practic- 
ally an officer and an adjunct of the Bureau of Navigation, which 
has the control of the ships and men. The duties of the Secretary 
and Assistant Secretary of the Navy have already been described in 
another chapter. Those of the Chief Clerk of the Navy Depart- 
ment are rather more important than the duties which pertain to 
similar positions in the other executive departments, and the Chief 
Clerk is in effect an administrative Assistant Secretary, rather than 
simply a director of a clerical force. In addition to the duties per- 
taining to the appointment, promotion, assignment, and discipline 
of the clerical personnel, the office of the Chief Clerk is a clearing 



THE AMERICAN GOVERNMENT. 62^ 

house for the correspondence between the various bureaus, and 
between the bureaus and the Secretary. It prescribes regulations 
also for the employment of labor at the various navy yards, and 
controls the disbursement of large contingent funds and other ap- 
propriations. It is, of course, the medium through which the Sec- 
retary directs the operations of the different bureaus, and, receiving 
the general mail of the department, is able to a certain degree to 
regulate and control bureau action, although not always without 
opposition from and friction with the bureau heads. The office 
of the Judge Advocate General, in addition to passing upon the 
usual law questions arising in a departmental administration, is 
charged with the review of all general and summary court materials 
held on board ship and at navy yards within the limits of the waters 
of the United States. Commanders in Chief of foreign stations are 
empowered to review all court martials ordered by them, the result, 
only, being certified to the office of the Judge Advocate General for 
record. The Judge Advocate General of the Navy is also the review- 
ing disciplinary officer for the Marine Corps, it being the single 
instance in which that organization is not independently maintained. 
In addition to matters relative to punishment, all reports and find- 
ings of the board charged with investigating the qualifications of 
officers for promotion are reviewed in the office of the Judge Advo- 
cate General who also has charge of drawing up, contracts for the 
building of ships of the navy and of determining questions which 
arise under such contracts and what amount may legally be paid to 
the builders as the work of construction proceeds. The Judge Ad- 
vocate General of the Navy is appointed by the President, by and 
with the advice and consent of the Senate, and holds his office for a 
term of four years, being selected from the officers of the Navy and 
Marine Corps without limiting provision as to his rank upon selec- 
tion. While serving as Judge Advocate General an officer has the 
rank and highest pay of the Captain in the Navy or the rank, pay 
and allowances of a Colonel in the Marine Corps, it being possible 
to select the incumbent from either branch of the service. 

The Judge Advocate General is called upon to deal with questions 
relating to the usual practice of the law, and also with any ques- 
tions of military law, including those which arise out of courts of 



630 THE AMERICAN GOVERNMENT. 

inquiry into the causes of accidents and disasters in the 
Navy, questions of retirement of officers under the law, questions re- 
lating to pay, and questions relating to the relative rank and posi- 
tion in their grade of officers of the Navy and Marine Corps, in- 
cluding as well the higher positions in the enlisted corps. He is as- 
sisted by a civilian lawyer under the title of Solicitor, who alone 
among the departmental solicitors is an officer of the department in 
which he serves, and who receives four thousand dollars a year. 
Under a recent arrangement all civilian matters are handled by the 
Solicitor leaving the purely military aspects to the Judge Advocate 
General. This, however, is only a matter of Departmental regula- 
tion and is subject to change. 

The business of the Navy Department of providing a fleet and 
of provisioning, manning, and manoeuvering it, is carried on under 
the direction of eight bureaus which, as has been said, are semi-in- 
dependent. The head of each bureau is responsible for the trans- 
action and efficiency of the business of the Navy Department 
under his charge, but is in no way concerned with the operations 
of other bureaus, and has only a general moral responsibility, and 
no direct charge that the operations of his bureau shall be so con- 
ducted that there shall be no loss of time or money imposed upon an- 
other bureau. The natural tendency is to promote the interest of 
•the individual bureau as a primary consideration, or, rather, to get 
the bureau work done without much thought or time or incentive 
for thought whether the work is being done in a manner calculated 
to produce the most effective results as a whole. The result is, of 
course, an evasion of responsibility as to the sum total, since, unless 
a defect can be found in the administration of the part, no person 
other than the Secretary himself can be charged with the responsi- 
bility for the lack of coordination of the whole. 

The order of the importance of the bureaus of the Navy Depart- 
ment constitutes largely a matter of opinion. In the revision of the 
United States statutes, the Bureau of Yards and Docks is given the 
first place ; in point of seniority, however, the Bureau of Construc- 
tion and Repair claims the first position, while the Bureau of Navi- 
g-ation, by reason of being the military branch of the organization 
would, in an active contest for precedence, claim the first place on 



THE AMERICAN GOVERNMENT. 631 

the ground of the superority of the line, or fighting officers. With- 
out regard to precedence, the natural order of proceeding from the 
inception of navy would bring the Bureau of Construction and Re- 
pair first in the order of consideration. Under the law any officer of 
the Navy of not below the rank of commander and who is a 
skillful navy constructor may be appointed Chief of the Bureau of 
Construction and Repair. A special provision, however, allows a 
member of the corps of Naval Constructors who has the rank of 
Lieutenant Commander, to be selected for the position. The Chief 
of the Bureau of Construction and Repair, as is the case with all 
Chiefs of Bureaus is appointed by the President, these officials being 
selected according to law, and removed, for the time being, from 
their regular duties, in the line or the corps to which they belong, and 
confirmed by the Senate for the special positions for which they have 
been selected. When officers below the rank of Rear Admiral are 
selected as Chiefs of Bureaus, they have during their terms of serv- 
ice, which is four years for each appointment, the rank of Rear 
Admiral and the pay and allowances of a Brigadier General in the 
Army. 

The corps of naval constructors from among whom the Chief of 
the Bureau of Construction and Repair is now selected consists of 
officers who have graduated from the Naval Academy at Annapolis, 
and who shortly after their graduation were selected for special quali- 
fications to be assigned to the corps of Naval Constructors. They 
were formerly selected, as are the engineer officers of the Army, from 
the head of the list of midshipmen, but this practice has been 
abandoned in recent years, and after their service as midshipmen 
afloat, and upon their promotion to ensigns, two or three officers of 
each class who have shown special fatness for construction work are 
appointed naval constructors and detailed to a post graduate course 
of instruction in a technical school. Upon final graduation they are 
detailed as assistant inspecting officers at the ship-yards where 
vessels of the Navy are being built, and are gradually developed for 
the work of the Corps, which is that of the Bureau of Construction 
and Repair. 

The work under the jurisdiction of the Bureau of Construction and 
Repairs consists of designing the hulls of the vessels of the Navy, of 



632 THE AMERICAN GOVERNMENT. 

preparing the plans and specifications of ships that are built by con- 
tract, and preparing the plans and directing the work of such ships 
as may be built in the Government Navy Yards, and of inspecting the 
hull work on vessels under construction by contract. Jurisdiction 
of this Bureau is, broadly, over all that relates to the hull of the 
vessel and the fixtures thereto. This includes the designing and 
inspection of the work on the hulls, turrets, spars, capstans, wind- 
lasses, steering gear, and ventilating apparatus. All of these mat- 
ters are under the independent control of the Bureau. There are 
certain other fixtures, however, and certain matters relating to the 
turrets in regard to which the Bureau of Construction and Repair 
must consult the Bureau of Ordnance. These are the permanent 
ammunition hoists, the roller paths of the turrets, and similar matters 
which affect the adjustments later to be made by the Bureau of 
Ordnance, while the Bureau of Construction and Repair installs 
the turret mounts, furnished by the Bureau of Ordnance, and such 
other apparatus of that Bureau as must be placed in position while 
the construction work in going on. 

The Bureau of Construction and Repair also takes directions; 
from the Bureau of Ordnance as to the adjustment of the armor 
plate of the vessel, the material, quality, and distribution of thick- 
ness having been determined by the Bureau of Ordnance. The dis- 
position of duties between the different bureaus of the Navy Depart- 
ment seems at the present time wholly arbitrar}^ and to a certain 
degree illogical ; as for example, while the Bureau of Steam Engi- 
neering has charge of the appliances for producing steam motive 
power, the Bureau of Construction and Repair has charge of the 
steering engines, equally worked by steam. The explanation of these 
apparent discrepancies can be readily found by remembering that 
the division of duties was made during the time of wooden ships, 
and with the further understanding that no point of jurisdiction will 
be voluntarily surrendered by a bureau. So that, as the Bureau of 
Construction and Repair appropriately fashioned a wooden rudder, 
and the wheel and other mechanism which controlled it, it now sees 
no reason why it should surrender the jurisdiction of that portion 
of the ship construction even though another bureau should have 
come into existance charged with acquiring expertness in similar 



THE AMERICAN GOVERNMENT. 633 

devices to those which now control the movement of the ships' 
guiding mechanisms. 

Besides the foregoing, the Bureau of Construction and Repair has 
charge of building and repairing the small boats of the Navy al- 
though not of the means for their mechanical propulsion. It has the 
charge of all electric turret turning machinery, and electrical machin- 
ery for operating ammunition hoists. It has also charge of fans oper- 
ated by electricity which are used for ventilating the hulls of vessels 
and of all appliances for hoisting on the decks of the vessels of the 
Navy. Further distinctions may be noted in this connection, that 
although the Bureau of Steam Engineering has charge of methods 
of boat propulsion by steam, when the propulsion of a boat is by an 
electric motor, it comes under the administration of the Bureau of 
Construction and Repair. 

The Bureau of Equipment, however, is regarded as the chief elec- 
trical bureau of the department, and if an electrical fan is needed for 
the comfort of a room it is furnished by that Bureau. If, however, 
it is for the ventilation of the hull it is furnished by the Bureau of 
Construction and Repair. Further odd arrangements may be noted 
with regard to the administration of dry docks. These are built anr 
maintained so far as repairs go by the Bureau of Yards and Docks. 
The Bureau of Construction and Repair has not only charge of the 
operation of placing a vessel upon the blocks in a dry dock, but of 
operating the dock and cleaning the same. As has been said, how- 
ever, all of these distinctions have their rise in some logical situation 
in the past and are continued under the present system probably 
with some excess of expense and loss of convenience because a 
way has not yet been found by which work of a similar character can 
be combined under the supervision of experts in each particular line. 

The work of the Bureau of Construction and Repair in Wash- 
ington consists in the preparation of drawings for construction and 
for the repair of vessels, together with attention to the necessary 
administrative details. In connection with the work of designir.g. 
there is a considerable establishment under the direction of the 
Bureau of Construction and Repair at the Washington Navy Yard, 
where models are made up and tested to develop the lines of new 
ships and types of ships. Outside of Washington the Bureau main- 



634 THE AMERICAN GOVERNMENT. 

tains corps of inspectors at the different ship yards engaged in con- 
struction for Government work, and has at each of the Navy Yards 
a more or less extensive plant devoted to construction in v^ood and 
metals. For the purposes of the work under the jurisdiction of the 
Chief of the Bureau of Construction and Repair the Commandant: 
of Navy Yards are subject to this official's orders. No work can be 
undertaken except upon the order of the Secretary of the Navy, br,, 
when an order has been given for a certain amount of construction or 
repair work, the directions with reference to the details are sent by 
the Chief of the Bureau to the Commandant of the Navy Yard 
at which the work is to be done, and are transmitted by the Com- 
mandant to the Naval Constructor who is in charge at such particu- 
lar yard. A similar system is in effect with regard to other manu- 
facturing bureaus of the Navy Department, and as the Command- 
ant is usually a line officer with expert knowledge chiefly in regard 
to sea-going duties, the actual administration of the work tmder 
any bureau is generally performed by the representative of that 
bureau in the yard acting upon his own responsibility largely, and 
sometimes without consultation or consideration of the work going 
on under the direction of other manufacturing bureaus. As a re- 
sult of this, complaint has sometimes been made that the work of one 
bureau was hampered or delayed by the operations of another, and 
arguments have been made in favor of creating a single manufactur- 
ing bureau in the Navy Department which should have charge of all 
matters relating to the construction and repair of vessels and their 
equipment. 

The next bureau in the order of the construction of a naval vessel 
is that of Steam Engineering. The Chief of this bureau is appointed 
from the line officers of the Navy, not below the rank of Lieutenant 
Commander, and must be a skilled marine engineer. The Chief of 
the Bureau of Steam Engineering was formerly at the head of the 
corps of Engineers which was constituted as a separate staff corps, 
appointments being made to the academy at Annapolis as cadet 
engineers and upon graduation appointment was made to a sepa- 
rate corps, having a similar standing to the pay corps and the medical 
corps. As a result of the personnel bill of 1898, however, the engi- 
neers were amalgamated with the line of the Navy, and became line 



THE AMERICAN GOVERNMENT. 635 

officers. The Chief of the Bureau of Steam Engineering since that 
time has been either an old engineer officer or an officer who re- 
ceived an education as a cadet engineer and who came from the 
engineer staff corps. Future Chiefs, however, will be line officers who 
have specialized in steam engineering. The duties of the Bureau of 
Steam Engineering refer entirely to matters relating to steam pro- 
pulsion, although recently questions relative to the development of 
power by gasoline and similar motors have been taken up. Specifi- 
cally they relate to all questions of designing, building, fitting 
out, and repairing the steam machinery used for the propulsion of 
naval vessels, and the steam pumps, steam heaters, distilling appar- 
atus, refrigerating apparatus, all steam connections, and steam 
machinery when used for actuating turrets. Included within the 
scope of these duties is the experimentation to determine the best 
type of boilers and of fuels, whether solid or liquid, and the deter- 
mination as to the availability or various styles of engines including 
the turbine method of propulsion as applied to naval uses and of 
problems relating to propellers. This Bureau requisitions for the 
oils and similar supplies for the engine-rooms of naval vessels, but 
not the coal for the boilers, the latter being purchased and supplied 
by the Bureau of Equipment. It provides the motive power for the 
boats of the Navy, with the exception of that for electric launches, 
and when the power used for moving turrets is transferred from 
steam to electricity the matter of the turret moving is removed from 
the jurisdiction of the Bureau of Steam Engineering. As is the case 
with the other constructing bureaus, it estimates for the amount of 
money which it needs during a fiscal year, such estimates being sub- 
ject to the revision of the Secretary of the Navy and it has to a 
farge degree the control of the sums appropriated by Congress for 
its particular work. Like the other bureaus it has exclusive control 
of the interior of its workshops at different navy yards, and designs 
their arrangement and provides the necessary machinery to carry on 
its work with the different metals. This independence of other 
bureaus leads to the duplication of machinery and equipment at 
the navy yards and under a former system the different bureaus at 
each yard had not only an independent equipment of machinery, but 
in most cases an independent power, heating, and lighting plant as 



636 THE AMERICAN GOVERNMENT. 

well. The latter condition has been to a certain degree obviated and 
will be entirely abolished by the work now going on for the consoli- 
dation of the various power plants at the different yards, and for the 
operation of a single central power plant in each case by the Bureau 
of Yards and Docks. The Bureau of Steam Engineering has no 
disciplinary control over the personnel of the engine room of the 
naval vessels. This is administered under the same conditions as 
other branches of the line, but the Bureau of Steam Engineering 
receives the reports as to the consumption of coal, and other data 
necessary to understand the performance of the machinery installed, 
and is also charged with the correction of any defects which may be 
found to exist, and with the making of necessary improvements. 

The work of the Bureau of Steam Engineering, in connection with 
the construction of vessels, consists in the inspection of the boilers 
and engines as they are installed, the work of installation going 
along with that of the construction of the hull of the vessel. In the 
two recent instances in which vessels of the Navy were constructed 
at navy yards the Bureau of Steam Engineering constructed the 
boilers and motive power. The Bureau has an experimental plant 
at Annapolis, Md., where it carries on experiments to determine the 
propulsive power of different forms of propellers, as well as such 
other investigations as may be needed in the work of the Bureau. 

The third bureau in point of time in relation to the construction 
of a vessel of the Navy is the Bureau of Ordnance. The functions 
of this Bureau, however, extend beyond those connected with 
building vessels of the Navy and include all matters relative to the 
furnishing of guns and ammunition for the ships and men, including 
the torpedo service. With reference to building vessels of the Navy, 
however, it has the very important and primary function of recom- 
mending the character of the armament and of the armor for the new 
vessel. That is to say, it recommends the number and calibre of 
the guns to be carried and also the weight and thickness of the armor 
and the points on the vessel to which it is to be applied. It also 
recommends the interior dimensions of the revolving turrets and 
prescribes the requirements for the turrets in regard to rotation. In 
all matters regarding the weight of the armor and armament to be 
carried it is limited by the Bureau of Construction and Repair, which 



THE AMERICAN GOVERNMENT. 637 

advises the Bureau of Ordnance as to the amount of weight that 
can be allotted to these two items and within this limit the Bureau of 
Ordnance directs the location of the armament and the firing arc 
which must be allowed for the guns, and also the location and 
characteristics of the permanent fixtures intended for the handling 
and storing of ammunition. The great guns for the Navy are manu- 
factured under the direction of the Bureau of Ordnance at the gun 
factory in Washington, D. C, and guns of a smaller calibre are 
manufactured by contract under the inspection and in accordance 
with the designs of the Bureau. The Bureau also contracts for the 
shells and other projectiles to be used by the Navy and determines 
the characteristics of the powder to be used, provides for its manu- 
facture by contract and also maintains powder manufactories near 
Washington for the production of a portion of the supply. It also 
maintains at Indian Head, on the Potomac River, a proving ground 
where the guns for the Navy are tried, and has at Newport, Rhode 
Island, a torpedo station devoted to the trial of torpedoes, which are 
manufactured by contract; to experiment with new forms of torpe- 
does, and to instruction of the men of the Navy in the use of torpe- 
does as a means of naval warfare. 

The Bureau of Ordnance installs all guns on vessels except such 
parts as are permanently attached to the hulls of the vessel, and also 
excepting turret guns and mounts, which are installed by the Bureau 
of Construction and Repair under the direction of the Bureau of 
Ordnance at the time the turrets are put in place, the latter being 
removable structures covering the guns and mounts. The matter 
of subdivision of the responsibility for the machinery on board of 
vessels is seen in the regulation that although the Bureau of Con- 
struction and Repair has jurisdiction over the electrical apparatus 
for turning turrets, the electrical apparatus for operating rammers 
and gun elevating gear which may be in the turret in close proximity 
to the former are under the direction of the Bureau of Ordnance, 
which must attend to all installation and repair of the latter appar- 
atus. The Bureau of Ordnance also has charge of all range 
finders and of apparatus for the transmission of battle orders and 
included within the system of fire control. It also has charge of 
the manufacturing and improvement of gun sights, makes estimates 



<^3b THE AMERICAN GOVERNMENT. 

for the annual supply of ammunition needed by the Navy, and has 
general charge of supply materials for tlie semi-annual target prac- 
tice. The Bureau of Ordnance is strictly a line bureau and its 
Chief is appointed from a list of officers of the Navy of not below 
the grade of Commander. Certain of the officers of the line, how- 
ever, specialize as ordnance officers and there has been in recent 
years a system inaugurated of detailing certain of the younger officers 
for special courses of instruction in ordnance work with a view of 
developing them as ordnance experts, together with their other duties 
as line officers. A similar course has been taken with regaid to the 
detail of officers to be specially instructed in steam engineering. 
Both of these policies, however, are not matters of law, but have been 
undertaken by the Secretary of the Navy as the result of representa- 
tion to him that the Navy was lacking in the service of officers 
specially fitted for the technical work necessary under the bureaus. 
The policy of assignment may, therefore, either be at a later date 
affirmed by law, or may be discontinued should it appear wise to a 
Secretary of the Navy to take this step. 

In connection with the gun factory at the Washington Navy 
Yard, and also with the naval torpedo station at Newport, there 
is a special training school for enlisted men of the Navy who are 
given six months, in each place, of practical instruction in the man- 
ufacture and use of guns and torpedoes. The Bureau of Ordnance 
also has its own shops at the different navy yards, and carries on a 
practically independent establishment at each place, administering 
a force of its own employees as a separate establishment and with- 
out regard to the other employment in the yard. It also has charge 
of the various magazines of naval ammunition and carries 
on the operation of receiving the powder and shells from con- 
tractors, storing it until needed and transporting it to the various 
vessels of the Navy as their supplies become exhausted. 

It will be seen by the foregoing that at least three bureaus have 
important and sometimes conflicting functions in regard to the de- 
signs of new ships. For a given length and breadth of vessel the 
Bureau of Construction and Repair can, of course, provide only a 
certain weight carrying capacity. The Bureau of Steam Engineering 
desires as much of this capacity as possible for means of propulsion, 



THE AMERICAN GOVERNMENT. 639 

and the Bureau of Ordnance as much as it may be able to get for 
armor and armament. The Bureau of Construction desire to save 
weight where possible to secure speed, and the Bureau of Equip- 
ment wants a sufficient allotment to provide a comfortable equip- 
ment. The result could very readily be to sink the ship, so that a 
Board on Construction, referred to in another paragraph, is provided 
to adjust the various claims and secure a happy medium, the board 
being composed of the Chiefs of the bureaus named. 

The final bureau which has to do with the construction of the 
material of a ship is the Bureau of Equipment, which has charge 
of supplying all the details of her equipment except the stores of 
clothing and subsistence which have not been supplied by the other 
bureaus. There is made up for each ship of the Navy a list of the 
allowances of the minor articles to be provided for the equipment 
of the vessels and the Bureau of Equipment arranges for the pur- 
chase and issue of these articles upon first outfitting a ship, and when 
they have become lost or broken. The list of allowances includes not 
only the necessary sails, anchors, ropes, galleys, riggings, and cook- 
ing utensils, but also mess gear, or articles from which the sailors 
eat, and the crockery and table linen for the officers' dining rooms 
as well. A certain amount of the latter two is allowed and must 
last for a certain length of time, only a small proportion being 
allowed to be renewed in any year, so that if breakages or losses 
occur in excess of the table of allowances, the difference must be 
made up by the officers themselves. The Bureau of Equipment also 
furnishes hammocks and bedding to officers and men, though the 
former must furnish their own linen. The Bureau of Equipment 
is also the chief electrical bureau of the Navy and has control of the 
wireless telegraph and telephone system and of all means of com- 
munication on shipboard except battle indicators, range finders, and 
similar ordnance communicating apparatus. The Bureau of Equip- 
ment also has charge of all signaling apparatus, including steam 
whistles, semaphores and the installation of submarine signals, when 
used. It has charge of the manufacture of rope, chains, and chain 
cables, and anchors for the Navy, and maintains an extensive plant 
at the Boston Navy Yard for these branches of manufacture. Its 
largest expenditure is included in providing the coal for the Navy, 



640 THE AMERICAN GOVERNMENT. 

in which duty it contracts for the supply of the coal, its transporta- 
tion from point to point and its storage at the various coaling 
stations established by law, the bureau having exclusive control 
of the latter stations. 

The Bureau of Equipment is also generally in charge of the appar- 
atus used in navigation. In this connection it has under its control 
two institutions of value to navigators generally, the Naval Observa- 
tory and the Hydographic office. The former, located near Wash- 
ington, D. C, establishes the meridian from which American navi- 
gators calculate their distance by means of the observation of the 
sun's altitude at noon, and also conducts a continuous system of 
observation of the heavenly bodies in order to secure accurate bases 
for the computation of the tables contained in the nautical almanacs 
from which navigators secure their figures as to the altitude and 
location of stars also used in navigation, which is the art of determin- 
ing the exact location of a given point upon the surface of the earth 
when there are no land marks to aid the observer. In addition to the 
special work performed by the Naval Observatory it is a general 
astronomical observatory holding high place among the observa- 
tories of the world and equipped with a staff of astronomers of 
internationally recognized merit. The question whether the Naval 
Observatory should continue as it is at present under the direction of 
a naval officer detailed to the position for a few years only has been 
in previous years a warmly contested one. Decision has, however, 
been in favor of the continuance of the observatory under the super- 
intendence of the naval service of the Government instead of under 
civil control. Although the Bureau of Yards and Docks is in generaal 
control of the land and buildings under the jurisdiction of the Navy 
Department, an exception is made in the case of the Bureau of 
Equipment, of the Naval Observatory, and of the land and buildings 
pertaining to the different coaling stations. These are all under 
the Bureau of Equipment, which designs, erects, and maintains all 
of the buildings thereon. The Naval Observatory, in addition to 
the duties mentioned in the foregoing paragraph has charge of all 
work relating to the rating and repair of chronometers for the Navy 
and of the supply and care of such sextants, quadrants, and other in- 
struments for use in navigation, together with the usual binoculars. 



THE AMERICAN GOVERNMENT. 641 

Spy glasses and ships' time-pieces. For the proper care of these 
instruments a force of instrument makers and adjusters is main- 
tained at the Naval Observatory, together with a considerable force 
of computers and experts employed in connection with the astro- 
nomical instruments. 

The Hydrographic office of the Navy Department, under the con- 
trol of a naval officer, known as the Hydrographer and who is de- 
tailed for the duty by the Secretary of the Navy, secures all charts 
for the use of the naval vessels of the United States and also pub- 
lishes a series of charts for the benefit of the merchant marine. 
Formerly the business of supplying charts was a private undertak- 
ing, but the latter has been practically superseded by the activity of 
the Government in this direction. No direct actual surveys are made 
of the coasts of the United States by the Hydrographic office, but it 
takes the result of the work of the Coast and Geodetic survey and 
uses the charts based upon that work. It also secures copies of 
foreign charts and corrects them in accordance with the information 
received from vessels of the United States which are from time to 
time engaged in the survey and charting of unknown waters, and 
either issues the chart as purchased from abroad, or makes new 
plates, including the corrections and additions made in the Hydro- 
graphic office from information secured. As new information 
is received from time to time it becomes necessary to make 
frequent changes in the charts as issued and one of the 
principal duties of the office consists in the recalling of former 
issues of charts and making corrections thereon, or in making new 
plates and issuing new editions of charts which have, by reason of 
new surveys and additional information become materially altered. 
All of the charts printed by the Hydrographic office are placed on 
sale at different points throughout the country, agents of the Hydro*- 
graphic office being appointed at the different seaports, and the 
cost of the charts being that of the paper and printing, is materially 
less than the same publication could be issued for by private persons. 
The Hydrographic office also prepares and prints sailing directions 
covering all portions of the globe, and these are issued to the Navy 
and are sold to the merchant marine at cost, as is the case with all 
the publications of the office; the nautical almanac, also published 



642 THE AMERICAN GOVERNMENT. 

by the Bureau of Equipment being included in the list of publica- 
tions made available to merchant mariners at the cost to the 
Government. 

For the purpose of securing immediate and reliable data which 
would be of value in correcting the permanent record of the Hydro- 
graphic office, branch offices are established at the different sea- 
ports. Each office is under the charge of either an active or a re- 
tired naval officer, with the assistance of one or more nautical experts, 
and these offices not only secure from incoming vessels data which 
is of value for the Hydrographic office, but serve as centers of infor- 
mation for the outgoing vessels as well. Frequent bulletins are 
issued by the Hydrographic office and supplied free of charge to 
mariners and others interested. These bulletins contain the news 
of the ocean as to wrecks and dangers to navigation, informa- 
tion as to the course of derelicts, icebergs, and so on. A chart is 
also published monthly for the Atlantic and Pacific oceans known as 
a pilot chart, upon which is plotted the best courses for steamers, 
together with indications of prevailing winds, and of the probable 
proximity of icebergs, location of fogs and similar information which 
would be of value to the masters of vessels outward and homeward 
bound. In addition to the branch Hydrographic offices on the 
Atlantic, Pacific and Gulf coasts, there are branch offices at different 
points on the Great Lakes. A series of hydrographic charts is issued 
for the Great Lakes, but these come in competition with the charts 
published by the army lake survey and the latter are generally pre- 
ferred by vesselmen. 

In addition to giving out and receiving information as to the 
maritime changes, the branch Hydrographic offices are centers of 
information on matters relating to navigation. As the officers in 
charge have been specially trained in the more scientific aspects of 
the art of navigation, they are able to give instructions to m.erchant 
sailors especially in the manipulation relative to the compasses, and 
to the proper care and adjustment of those instruments. This is 
especially true of the hydrographic offices on the Great Lakes, for 
the reason that navigation on those bodies of water is less often 
carried on in accordance with scientific principles and more often in 
accordance with the local knowledge of the master of the vessel, 



THE AMERICAN GOVERNMENT. 643 

who is generally a good pilot but a poor navigator, and it is believed 
that the work of the Hydrographic office has materially improved 
conditions of navigation on the Lakes. 

THE BUREAU OF NAVIGATION. 

When a ship of the Navy has been completed as to her construc- 
tion and equipment so that she needs the services of officers and men 
to put her into condition for going to sea, this fact is certified to the 
Bureau of Navigation, which will subsequently control her move- 
ments and operation except at such times as she may be returned 
to a navy yard for repairs and refitting. The duties of the Bureau 
of Navigation comprise the promulgation, record, and enforcement 
of the orders of the Secretary to the fleet and to the officers of the 
Navy. As a matter of fact, most of these orders are prepared by 
the Bureau of Navigation in accordance with general directions 
issued by the Secretary of Navy to the Chief of the Bureau of Navi- 
gation. The latter officer, who is selected by the President upon 
recommendation of the Secretary of the Navy from the higher officers 
of the line, is the military adviser of the Secretary and his chief of 
staff, although no provision is made by law for the latter office. An 
advisory board of officers of the Navy has been established by regu- 
lation under the title of the General Board which develops plans for 
the improvement of the efficiency of the service, and for the ma- 
noeuvres and practice cruises intended to keep the Navy on a war 
footing. The General Board exercises certain of the functions of 
a General Staff, but has no standing except in the naval regulations, 
never having been recognized by law. It takes up a large variety 
of questions, such as those relating to types of ships, preparing plans 
for the conduct of campaigns in event of war, improvements in 
ordnance and in the equipment of vessels, but its capacity is wholly 
an advisory one, and it has no power of direction so that its meas- 
ures may or may not be put into effect as they are approved by 
the Secretary. For this reason the Secretary of the Navy has a 
closer connection and a greater actual power with reference to the 
details of the naval administration than is the fact with regard to 
the Secretary of War, who is almost wholly dependent in these lines 
upon the General Staff. The Chief of the Bureau of Navigation in his 



644 THE AMERICAN GOVERNMENT. 

capacity as Chief of Staf? to the Secretary of the Navy may either 
approve and recommend the findings of the General Board or may 
suggest to the Secretary his own personal views on a given ques- 
tion. The Secretary himself has the option of approving or reject- 
ing, or modifying the suggestions made to him by the General 
Board or by the Board on Construction. The latter is composed of 
the Chiefs of the Technical Bureaus, who arrange definitely for the 
characteristics of new naval vessels and the details of their construc- 
tion. The details of approved plans for administration of ships and 
men are carried out by the Bureau of Navigation, which prepares the 
necessary orders thereunder. It advises the Secretary as to the 
necessary transfers and assignments of officers and enlisted men and 
has general control under his direction of all details relative to the 
personnel. It directs the enlistment of men and their transportation 
and transfer from one point to another, has supervision over the 
course of education carried on at the naval academy for the prepara- 
tion of line officers for their duties with the fleets and also has charge 
of the apprentice schools which educate landsmen to perform naval 
duties. In addition to the cruising ships of the Navy the Bureau of 
Navigation has under its charge all rendezvous or receiving ships, 
•stationed at navy yards, keeps the record of the services of squadrons, 
ships and men and officers, directs the course of naval discipline, and 
conducts all operations necessary to secure the necessary inspections, 
including those to determine whether ships built by contract have been 
finished in a satisfactory manner, and what repairs, if any, are needed 
by ships upon the completion of their cruises. It is the particular 
bureau of the line of the Navy and the Chief of the Bureau, although 
not the ranking officer, is regarded, because of his power over 
transfers and assignments, as the chief of all officers having sea-going 
commands, even though the latter may be his superiors in point of 
position on the Navy list. 

For the purpose of determining the relative importance of com- 
mands vessels of the Navy are divided into the following classes: 
Vessels of the first class are men of war of 8,000 tons displacement 
and upwards; second rate men of war of 4,000 tons and under 
8,000 tons, and converted and auxiliary vessels of 6,000 tons and 
upward, with the exception of certain special classes of vessels, such 



THE AMERICAN GOVERNMENT. 645 

as colliers, repair ships, distilling ships and hospital ships. Men of 
war of from 1,000 to 4,000 tons, converted and auxiliary vessels from 
1,000 to 6,000 tons, and the special vessels previously indicated 
constitute the third rate and all vessels except torpedo craft, tugs, 
sailing ships and receiving ships constitute the fourth rate. The 
command of torpedo craft constitutes a separate branch of the serv- 
ice, while tugs are under the command of warrant officers usually, 
and sailing ships are only now used for instruction purposes. Re- 
ceiving ships constitute the shore command of Captains, but are not 
included within the list of rated commands. 

For the time being and during the life of the present incumbent, 
the ranking officer of the Navy is the Admiral, a position revived for 
Admiral Dewey. It is a life position with a compensation of $13,500 
annually and the highest allowances of any officer of the Navy, and 
the Admiral may command a fleet or assume such other duty as he 
may care to undertake. The present Admiral of the Navy places 
his ripe experience and great abilities as a naval officer at the dis- 
posal of the General Board, of which he is the president, and is 
actively engaged in studying, with the utmost interest, the develop- 
ments of modern naval science and constitutes not only the strongest 
factor in the General Board but its real reason for being at the 
present time. With marked tact, he is able to impress upon the entire 
Navy a most salutary and commendable professional spirit, without 
in any way interfering with the duties of those who are directly 
concerned with the administrative work of the fleet. Admiral Dewey 
has frequently taken command of the fleet in its practice manoeuvers 
and the high point of development which has been reached in per- 
sonnel and in fleet organization is largely due to his personal effort 
during the time he has occupied the position as Admiral of the Navy. 
The Admiral of the Navy ranks with a full General of the Army, 
the latter a position which has not been in effect for many years. The 
next lower rank in the Navy would be that of Vice-Admiral, cor- 
responding to the rank of Lieutenant-General in the Army. Neither 
of these ranks are now in effect. 

The rank now in effect next below that of Admiral in the Navy 
is that of Rear Admiral, of which the senior nine rank with Major 
General in the Army. The second nine or Junior Rear Admirals 



646 THE AMERICAN GOVERNMENT. 

in the Navy, a grade created after the abolition of the old grade of 
Commodore, rank with Brigadier Generals in the Army. The com- 
mand of a Rear Admiral depends to a considerable degree upon his 
place in the Navy list. He may command a fleet, a squadron or a 
naval station. Certain of the Rear Admirals who were engineer 
officers at the time of the amalgamation of the Engineer Corps with 
the line are not eligible for command at sea, but must be assigned 
to shore duties. 

Promotion in the Navy is strictly in accordance with seniority, 
there being no opportunity for selection in promotion, the only 
position which does not go by seniority being that of the Admiral 
of the Navy, which is created by the vote of Congress. There is, 
however, a considerable opportunity for selection in the matter of 
assignment to different commands, although the selection is directed 
and regulated to a very considerable degree by the seniority of the 
officers considered. Owing to the number of commands ashore, in- 
cluding the navy yards and stations, the naval home for superan- 
nuated sailors at Philadelphia, the Naval Observatory, and special 
assignments on boards and similar duties, opportunity is given for 
the disposition of those Rear Admirals who are not specially fitted for 
commands at sea, so that the more available officers can be utilized. 
It was formerly the naval policy of the United States under different 
conditions with regard to international situations than those which 
now prevail to divide the Navy into small squadrons, each of which 
was assigned to a cruising station in a particular part of the world. 
Thus there was the North Atlantic Squadron, which manceuvered 
along the Atlantic seacoast of the United States and in the West 
Indies; the South Atlantic Squadron, which cruised along the east 
coast of South America and across to Africa; the Pacific, and, at 
times, the South Pacific Squadron, the Asiatic Squadron and the 
European Squadron. As now administered, however, the largest and 
newest ships of the Navy are amalgamated into one great battle 
fleet, while a squadron is maintained on the Pacific Coast and a 
service squadron of comparatively small vesels is stationed in the 
Philippines for the protection of the interests of the United States 
in the waters surrounding those islands and along the coasts of China 
and Japan. By reason of the concentration of the ships into one 



THE AMERICAN GOVERNMENT. 647 

large fleet there are fewer independent commands at sea for Rear 
Admirals, and the organization of the battle fleet is made to consist 
of several subdivisions at the head of each of which is placed a 
Rear Admiral of the lower rank than the Rear Admiral in command 
of the fleet. The presence of the Admiral of the Navy at sea is 
denoted by the blue flag with four white stars arranged in a par- 
allelogram which flies from the mainmast head. The vessel on which 
a Rear Admiral in chief command of the fleet is exercising his 
authority is denoted by flying a blue flag with two white stars 
arranged perpendicularly ; the Rear Admirals next in rank and in 
command of a division of the fleet display each a red flag with two 
white stars. 

A long narrow pennant at the head of the mainmast indicates a 
commanding officer on board of less rank than a Rear Admiral, and 
when two or more vessels are together with no Rear Admiral present 
a blue pennant with a white star is flown at the aftermast of the 
office of the vessel of the senior officer. When an officer is in com- 
mand of a navy yard or station he displays the flag appropriate to 
his rank, if a Rear Admiral ; if below that grade the flag of the 
senior officer present. 

As it is regarded of great importance that the small boats which 
carry officers from ship to ship shall bear an appropriate mark so 
that the honors provided by the regulation may be paid to them, the 
boats placed at the disposal of the Rear Admirals have the stars in 
gilt on the bow, and the boats of commanding officers have a 
gilt arrow on each side of the bow. To further differentiate the 
rank of officers a gilt lance head is carried on the end of the flag- 
staff of the Rear Admiral's boat, a gilt ball at the head of the flag- 
staflF of a captain's boat, a gilt star on that of a commander and a 
flat truck for all other officers. In addition to these marks, officers 
when paying visits of ceremony fly the flag denoting their rank on 
the boat's flagstaff. 

The following honors to be paid distinguished visitors on armed 
vessels of the United States are generalized and condensed from 
those prescribed for the Navy: 



648 



THE AMERICAN GOVERNMENT. 



Rank. 



President . 



President of a foreign re- 
public or a foreign sover- 
eign. 

Member of royal family 



Ex-President. 



Vice-President. 



Ambassador of United 
States (within waters 
of countries accredited, 
etc.) 

Secretary of the Depart- 
ment. 

Assistant Secretary of the 
Department. 

Cabinet Officer 



Chief Justice 

Governor-General, United 
States Islands 

Governor of State, Terri- 
tory, or United States 
Islands. 

President of the Senate 

Speaker of the House of 
Representatives. 

Committee of Congress. 

Envoy Extraordinary. . 

Minister Resident 

Charge 

Consul-General 

Consul 

Vice-Consul orCommercial 
Agent (where only rep- 
resentative of the United 
States). 

Admiral of the Navy , . 



General 

Vice-Admiral 

lyieutenant-General 

Rear-Admiral 

Major-General 

Brigadier-General (Army 
or Marine Corps). 

Captain, Navy 

Colonel \ 

Commander 

I/ieutenant-Colonel 

I,ieutenant-Commander, if 
commanding officer. 

Major, if commanding 
officer 

All other Commissioned 
Officers, and I^ieutenant- 
Commander and Major 
if not commanding offi- 



Uniform. 



Full dress, 
do 



.do. 
.do. 



.do. 



Full dress. 

Dress , 

..do .... 



.do. 
.do. 



.do. 



.do. 
.do 



..do 

..do 

..do.... 

..do 

Of the day, 

..do 

..do 



...do... 
...do... 
....do... 
....do... 
....do... 
....do... 



Of the day. 
..do .... 

..do 

..do 

..do 



....do. 
...do. 



Salute. 



Side Honors. 



Yards or rail 

manned. 
do 



do... 

8 side boys 



4 


do 


4 


do 


4 


do 


3 


do...... 


4 


do 


4 
4 


do 

do 


4 


do 


4 
4 


do 

do 


4 
3 
2 
I 


do. 

do 

6 side boys. . . . 

do. 

4 side boys . . . 

do.! 

.......do. 



8 side boys. 



do..., 

do.... 

do.... 

6 side boys. 

do 

do.... 



4 side boys. 

, do 

do 

do... 

do 



.do ... 

2 side boys. 



Flag. 



President's, at main, 
during visit. 

National, at main, dur- 
ing visit. 

National, at main, dur- 
ing salute. 

No flag, except the visit 
be in a foreign port, 
when national flag will 
be displayed at main 
during the salutes 

National, at fore, during 
salute. 
Do. 



Secretary's, at main, 

during visit. 
Assistant Secretary's, at 

main, during visit. 
National, at fore, during 
salute. 
Do. 
Do. 

Do. 



Do. 
Do. 

Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 



In case of foreign offi- 
cers, national, at fore, 
during salute. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 



THE AMERICAN GOVERNMENT. 649 

A Captain in the Navy may command a division of a squadron, 
'be chief-of-staff to a flag officer, command a naval station or a battle- 
ship or an armored cruiser, or, in rarer cases, a ship not rated. 
Certain persons on the list of Captain, however, who came over from 
the Engineering Corps can only be assigned to shore duty. The 
same is true of former engineer officers who have reached the grade 
of Commander. All other Commanders may command a division of 
a squadron, a naval station, a protected cruiser of the first rate, a 
ship of the second or third rate, or a ship not rated, be Chief of Staff 
to a flag officer or perform any shore duties that may be assigned to 
them. 

The grades of Rear Admiral are denoted as flag ranks, and those 
of Captain and Commander are denoted as command ranks. It is 
not possible under present conditions to place a Captain or Com- 
mander in a subordinate position, except as the Chief of Staff of a 
flag officer. There is, therefore, some difficulty in assigning ade- 
quate commands to the officers on the lists in these grades, and 
propositions have been made to change the situation so that a Com- 
mander could be assigned as executive officer to the new large ships, 
the duties of such a position being of a sufficiently important charac- 
ter and requiring so high a degree of skill that it is coming to be 
considered that these positions would not be below the dignity of a 
Commander. 

While Lieutenant Commanders and even Lieutenants (junior 
grade) and ensigns may be placed in command of vessels, the most 
important duties relative to the work of the Navy are performed by 
Captains and Commanders, and as commanding officers of the ves- 
sels of the Navy, they have not only great powers but great responsi- 
bilities as well. An officer having been ordered to the command of a 
vessel assembles the crew at the quarter deck and reads his orders to 
them, at the same time causing his flag to be hoisted. He is required 
to make a careful personal inspection of the condition of the vessel 
and crew, and if she is found in any way deficient or the discipline 
is lax, and the duties improperly performed, he is required to see 
that the defects are remedied. The Captain is responsible for the 
efficiency of every part of the ship and has the authority to control 
and direct every person included in her complement whether attached 



650 THE AMERICAN GOVERNMENT. 

to the line or to the staff. He is required to have personal cogni- 
zance of all the operations of the vessel by the medium of written 
reports which he must examine and approve, and if any accident 
occurs or the vessel fails to come up to the standard of efficiency the 
commanding officer is liable to court-martial and to punishment 
unless he can show that the conditions complained of were caused by 
circumstances beyond his control. He is responsible for the disci- 
pline of the vessel, and is given power to punish offenses among' 
the enlisted men by deprivation of the liberty of leaving the ship; 
by extra duties, or by imprisonment for not exceeding ten days, or 
in solitary confinement seven days, or solitary confinement on bread 
and water five da3^s. He can also as a punishment reduce the rating" 
of any petty officer who may have been appointed by himself, and 
can for the punishment of more serious offenses direct a summary 
court-martial consisting of officers of the vessel who have authority 
to inflict imprisonment of not more than sixty days, or thirty days^ 
solitary confinement, or reduction from a rating not made by the 
commanding officer, or loss of pay of not exceeding three months. 
The latter infliction must, however, be approved by the Secretary 
of the Navy, to whom the findings of the summary court-martial are 
sent. In case of a sentence of imprisonment only, however, the 
finding of the court is not certified to the department. The com- 
manding officer may discipline the officers under his charge by 
reprimand or by placing them under arrest and confinement in their 
room for a period not exceeding ten days. He may if he deems it 
advisable prefer charges against an officer, which will result in a 
trial by general court-martial. He has the option, however, unless 
the officer himself demands further proceedings to restore the officer 
to duty, the detention in his room amounting to a punishment, and 
all such detention and reprimands which may be officially admin- 
istered must be reported to the department. 

The superior military courts of the Navy consist of courts of 
inquiry and general courts martial. The latter are applicable to 
officers and enlisted men alike, and the men come under their juris- 
diction upon complaint of commanding and other officers addressed 
to the senior officer present and transmitted either to the Secretary 
of the Navy or to the Commander in Chief of the foreign station. 



THE AMERICAN GOVERNMENT. 651 

General courts martial are ordered for trial of cases of alleged deser- 
tion, insubordination and the various criminal offenses. They can 
only be directed in cases where the offense was committed 
in the United States or in home waters by order of the 
Secretary of the Navy. A Commander in Chief of a 
foreign station has, however, jurisdiction to order a court martial 
for an offense committed on his station, and to review its findings, 
merely advising the Department of the result. In all other cases, 
the court martial is directed by the Secretary of the Navy, and the 
results and the finding reviewed by him. The punishment to be 
awarded by courts martial and the final approval by the President in 
capital cases are subject to similar conditions and limitations as 
the army courts. 

The foregoing relates especially to courts martial of enlisted men. 
In cases of alleged offenses of officers, and especially with relation to 
such cases as have to do with neglect of duty, or wrongful per- 
formance of the same, especially when the circumstances are not 
clearly to be stated, a preliminary investigation is generally directed. 
A board of officers, known as a court of inquiry, conducts a full 
hearing of the testimony and recommends what action, if any, shall 
be taken by the Secretary of the Navy. If the court of inquiry 
recommends a court martial, such a body is thereupon instituted 
by the Secretary of the Navy, to be composed of officers superior in 
rank to the accused officer. 

The punishment imposed upon enlisted men consists generally 
of imprisonment in one of the naval prisons, of loss of pay, of 
dishonorable discharge from the service, or of all three. Com- 
missioned officers are punished by the Secretary of the Navy, in 
accordance with the findings of the court martial, by suspension 
from duty for a given time, or by loss of rank, by being reduced 
one or more numbers on the Navy list, and in serious cases, by 
dismissal from the service. The latter sentence requires the approval 
of the President, before it can be carried into effect. General courts 
martial are composed of officers of appropriate rank, who may be 
specially detailed for the service, and at the larger shore stations 
there are generally one or more officers detailed for considerable 
lengths of time for court martial duty only, and who have general 



652 THE AMERICAN GOVERNMENT. 

supervision of the matters relating to the court, additional members 
being supplied from the number of officers who are performing 
other duties at that particular point. 

The commanding officer of a vessel which is detached from 
other vessels of a navy and serving on a foreign station, has 
exceptional responsibilities and duties. He must, especially, take 
care at times when war may be impending that he shall not be 
found in such a position by hostile forces that he will be unable 
to make a resistance against a not overwhelming force. He is also 
required to take heed of requests which may come from diplomatic 
and consular officers for the presence of his vessel as a moral force 
in cases of threatened injury to citizens of the United States or as a 
means of armed intervention, should such injury be actually at- 
tempted. He is also required to consider the complaints of merchant 
vessels, should such come to his attention, and of merchant sea- 
men at points where there is no consular officer, and he is empowered 
to redress grievances relative to merchant seamen's food and usage 
which he may find to be well founded. He has the responsibility of 
seeing that his men are well cared for and that the conditions on 
board his vessel are such as will preserve their health, and that the 
food is adequate and properly prepared. He has, in foreign ports, 
the responsibility of directing the purchase of such articles for 
the ship's use as may be requisite for her continuance in service, 
and is required to have direct personal supervision over the keys 
to the magazine and to the wrenches which open the valves by 
which the vessel may be flooded. Although he is given assistance 
in navigating the vessel, he is not thereby relieved of the re- 
sponsibility for the seamanship shown in her management or for her 
safe arrival at her destination. He is, moreover, expected to be 
an accomplished diplomatist, to be familiar with international law 
and to be able to conduct delicate negotiations. He is supposed to 
be a polished and affable gentleman and to be able to entertain 
fittingly the officers of foreign vessels, and of foreign nations who 
may visit his ship. No entertainment fund is provided for the 
commanding officers of American vessels, as is the fact with certain 
foreign officers who are allowed table money in addition to their 
own pay, and any entertaining that a commanding officer of a vessel 



THE AMERICAN GOVERNMENT. 653 

does, is at his own expense. The only exception to this rule is that 
occasionally, upon the participation of vessels of the Navy in cele- 
brations at home or abroad, a small allotment is made from the 
contingent fund of the navy department to defray the cost of 
entertainment. On all other occasions, such entertainment as may 
be offered is paid for by the captain of the vessel and the officers, 
and their only return is satisfaction in keeping up the credit of 
the service and such return entertainment as may be offered by 
foreign officials. 

The grade of Lieutenant Commander is the highest of the sub- 
ordinate officers of the Navy, and such an officer may command a 
ship of the third or fourth rate, a torpedo boat, craft or assembly 
of torpedo craft, or may, in a ship commanded by an officer of 
a superior grade, serve as executive officer, navigator, ordnance 
officer, or senior engineer officer. This grade is the highest in 
which a former officer of the Engineer Corps can perform seagoing 
duties. Most of these officers have, however, passed into higher 
grades and the duties in connection with the command of the 
engine room are performed by line officers, who are graduates 
of the naval academy and who serve tours of duty as engineer 
officers in rotation with other line duties. 

The executive officer of the vessel is the representative of the Cap- 
tain in all that relates to the administration of the ship. He is 
the senior officer below the Captain and attends to all the matters 
relating to the work of the ship, and to the daily routine, and is 
especially charged with seeing that the ship is well kept, and that the 
daily work is performed in accordance with the instructions of the 
commanding officer. The executive officer of a naval vessel takes 
charge of the vessel when she is getting under way and when 
coming to an anchor, and issues the orders for these manoeuvres 
under the direction of the commanding officer. If, however, a 
navigating officer is attached to the ship, the executive officer 
has no further responsibility with regard to the ship's movement 
and does not stand a regular watch. On the smaller ships, the 
executive officer is also generally the navigating officer and usually 
takes a certain portion of the watches, generally those in which he 
will have to be on deck to superintend the work of the crew. An 



654 THE AMERICAN GOVERNMENT. 

executive ojfficer is, however, supposed to be on duty and ready 
for call at all times while he is on board his ship. 

The navigating officer has charge of all the instruments and charts 
pertaining to the navigation of the ship, and is on duty at all 
times while the ship is under way, for the purpose of directing 
her course. He is required to take the observations necessary to 
determine the ship's position on the ocean, and is relieved of his 
responsibilities only when the ship is in charge of a pilot. He has 
general oversight of the compasses, performs daily winding of the 
chronometers, and is responsible for any errors which he may 
make which may cause undue delay, or injury to or loss of the 
ship. While the commanding officer of a vessel is generally re- 
sponsible, if it appears that an accident was due to the negligence 
or fault of the navigating officer, against which the commanding 
officer could not provide, the subordinate officer alone may be held 
responsible. 

The Ordnance officer has charge of the batteries of the ship and 
of her torpedo equipment, if any, together with the custody of the 
magazine, and the responsibility of seeing that the powder supply 
is kept at all times under such conditions that no accident may 
happen. He superintends the instruction of the crew in the use 
of the guns and in target practice, and in addition to these duties, 
is frequently expected to stand a regular watch as officer of the 
deck, when his turn comes. The officers named are assigned on 
toard ships in the order of their seniority, that is, the executive 
•officer is the senior officer or board, and is at the head of the ward- 
room and is expected to maintain order and discipline among the 
other officers at all times, as well as to set them a good example 
l)y his own conduct. The navigating officer is next in rank, followed 
"by the ordnance Officer. 

Officers of subordinate rank are assigned to the vessel according 
to her size, and serve as deck officers and officers of divisions. 
An officer is also assigned to represent each of the department 
bureaus on the ship, receiving the communications from the par- 
ticular bureau and making up the reports required. Officers of the 
deck have charge of the vessel when she is under way, taking 
directions as to the course, etc., from the navigating officer, and are 



THE AMERICAN GOVERNMENT. 655 

•assigned in turn to watches of four hours each, covering the twenty- 
four hours of the day, a change being made each day, so that 
an officer will not receive the assignment of the same hours, by 
means of half watches or dog watches, which come four and eight 
o'clock in the afternoon. The watches begin at eight p. m., and 
the first watch is from that time until midnight, the mid-watch is 
from midnight to four in the morning, the morning watch from 
four until eight o'clock, the forenoon watch from eight o'clock 
until noon, the afternoon watch from noon until four o'clock, and 
the first dog watch from four to six, and the second dog watch 
from six until eight. The officer of the deck is expected to see that 
the orders given by the executive officer as to the work of the 
•ship, which have been written in appropriate order books, are carried 
out, that a sharp lookout is kept and that the wheel is properly 
manned, and the various seamen and messengers assigned to differ- 
ent posts are performing their duties. He is required to keep a 
record in the log of all that transpires during his watch, and is 
responsible for any accident or casualty that may occur by reason of 
his negligence while he is on duty. Wlien the ship is in port, officers 
of the deck do a full day's duty, turn about, and it frequently 
happens that an officer who has done a tour of duty the night 
before has to assume the charge of the deck for the entire next 
day, owing to the arrival of the ship in port within a very few 
hours after he has come off watch. 

The next officer on board a vessel to an ordnance officer in rank, is 
the senior engineer officer, who has charge of the engine-room and 
all that pertains to the machinery and the propulsion of the vessel. 
Formerly an engineer officer, especially on the smaller vessels, was 
required to take his turn of deck duty as well, so that the engine- 
room superintendence was largely left to the warrant officers. Under 
recent and more stringent regulations, engineer officers are released 
from all deck duties except the command of their division at drill, 
and while the senior engineer officer is not required to stand a watch, 
his juniors must take turn, watch and watch, as is the case with 
deck officers, and the senior officer is subject to call at all times in 
ithe performance of his duties. 

Lieutenant commanders are never assigned to duty as deck offi- 



6s6 THE AMERICAN GOVERNMENT. 

cers, pure and simple, without a more important charge. The deck 
officers are either Lieutenants, Lieutenants (Junior grade) or ensigns. 
Lieutenants may command a ship of the fourth rate, a torpedo boat 
destroyer, a torpedo craft or an assemblage of torpedo craft, a tug, 
or a tender, or a ship not rated. Lieutenants may also serve as 
executive officers, navigators, ordnance officers, senior engineer offi- 
cers or watch officer, deck or engine-room, or a Lieutenant may be 
flag Lieutenant to a flag officer, or secretary to the Admiral while 
on sea service. A Lieutenant (Junior grade) may command a tor- 
pedo boat, tug, tender or ship not rated, or may be assigned to one 
of the officers of a ship before mentioned. An Ensign may perform 
similar duties to those indicated for a Lieutenant (Junior grade), 
and a midshipman may also be assigned as a watch officer, either on 
deck or in the engine-room. As the object of a midshipman's cruise 
at sea, however, is to complete his training in seamanship, midship- 
men are generally assigned as junior watch officers on the large 
ships, standing watch with an officer of higher grade in order that 
they may secure the requisite experience. During the years fol- 
lowing the Spanish- American War, however, owing to the scarcity 
of the officers in the Navy, midshipmen performed practically the 
same duties as ensigns, although without any increase of pay. 

DISTINCTIVE NAVAL MARKS. 

Every grade in the Navy, as well as the distinction between the 
different corps, is marked by devices which show at a glance the 
exact status of the officer. The line of the Navy is indicated by a 
gold star worn on the sleeve and above the lace which denotes the 
exact rank of the officer. Officers of the staff corps are indicated 
by bands of colored cloth around the sleeves filling the intervals be- 
tween the gold lace stripes. The distinctive band in case of the 
medical officers is of dark maroon velvet ; pay officers, white cloth ; 
professors of mathematics, olive green cloth; naval constructors, 
dark violet cloth ; and civil engineers, light blue velvet. Chaplains 
wear stripes of lustrous black braid of the same number and dis- 
position as the gold lace for line officers of the same rank. 

Flag officers are denoted by broad stripes of gold lace, the 
Admiral of the navy having two stripes of two inch lace, with one 



THE AMERICAN GOVERNMENT. 657 

Stripe of one inch lace between. A Rear Admiral has one stripe of 
two inch lace and one stripe of half inch lace set above it. A 
Captain has four stripes of half inch lace ; a Commander, three 
stripes of half inch lace; Lieutenant Commander, two stripes of half 
inch lace, with one stripe of quarter inch lace between the stripes ; 
a Lieutenant, two stripes of half inch lace ; Lieutenant, Junior grade, 
one stripe of half in lace with one stripe of quarter inch lace; 
and an ensign, one strip of half inch lace. In addition to the 
foregoing designations, collar, shoulder straps and epaulet devices 
are worn, the distinguishing device of the Admiral being four silver 
stars ; of a Rear Admiral, two silver stars ; a Captain, 
a silver spread eagle ; a Commander, a silver oak leaf ; 
a Lieutenant Commander, a gold oak leaf; a Lieutenant, two 
silver bars ; a Lieutenant, Junior grade, one silver bar ; and an 
ensign, a silver foul anchor. The corps devices are as follows, and 
are substituted for the foul anchors which are worn by line officers 
added to the foregoing special devices : Medical officers, a spray 
of oak leaves in gold with an acorn leaf in silver ; pay officers, a 
silver oak sprig; professors of methematics, one silver oak leaf and 
an acorn ; Naval Constructors, a gold sprig of two live oak leaves 
and an acorn ; Civil Engineers, two crossed silver sprigs, each com- 
posed of two live oak leaves and an acorn. 

With relation to officers of the army, a Captain in the navy ranks 
with a Colonel ; a commander, with a Lieutenant Colonel ; a Lieu- 
tenant Commander, with a Major; a Lieutenant, with a Captain; 
Lieutenant (Junior grade), with a First Lieutenant, and Ensign 
with Second Lieutenant. When a question arises as to the prece- 
dence of an officer of the army, an officer of the navy or of the 
marine corps, on account of the fact that two officers in different 
arms of the service have the same date of appointment and com- 
misssion, the officer who has served the longer time in the service 
of the United States, whether continuously or at different periods, 
has precedence. 

Entrance to the line of the navy is secured through appointment 
to and graduation from the naval academy at Annapolis. Candidates 
for admission to the naval academy must be not less than sixteen 
years or more than twenty years of age, and must be nominated by 



658 THE AMERICAN GOVERNMENT. 

a member of Congress or the President. Each member of Congress 
is allowed to keep two midshipmen continuously at the naval acad- 
emy, thus giving two midshipmen from each representative dis- 
trict and four from the State at large. In addition to these, the 
President is entitled to appoint two from the District of Columbia, 
and five annually at large, making twenty at large during his term 
of office. Midshipmen receive pay of five hundred dollars a year, and 
their rations, and are to provide themselves with an outfit on entering, 
which costs about one hundred dollars. Their clothing and books are 
charged against their pay account, so that their pay during their 
period of education at Annapolis amounts to little more than spend- 
ing money, although an effort is made to save enough for each 
midshipman to provide him with an outfit when he goes to sea 
after graduation. After a four years' schooling at Annapolis, in 
mathematics, steam engineering, seamanship, modern languages and 
other branches, midshipmen are assigned to sea duty for two years, 
at the expiration of which time they are commissioned as Ensigns 
in the navy after passing a final examination. 

THE WARRANT OFFICERS. 

A considerable portion of the actual technical work with regard 
to the affairs of vessels of the navy, and in connection with navy 
yards and other shore stations, is performed by the warrant officers. 
These are boatswains, gunners, carpenters, sailmakers and warrant 
machinists. The usual requirements for the appointment of a war- 
rant officer are, that he shall be not more than thirty-five years of 
age, shall have served at least seven years in the navy, during a 
portion of which service he must have been a chief petty officer; 
that he must have had at least 85 per cent, in his marks for efficiency 
and conduct, during his service as an enlisted man, and that he 
must have letters of recommendation from former commanding 
officers. If these preliminary requirements are complied with, an 
enlisted man, upon application, may be designated to take the 
examination for the warrant which he desires. If successful in 
passing the examination, he is given an acting warrant for one year, 
at the expiration of which time, if his service is satisfactory, he 
is warranted ; and certain warrant officers, namely, boatswains, gun- 



THE AMERICAN GOVERNMENT. 659 

ners, carpenters and sailmakers, after six years' service, receive 
commissions styling them chief boatswains, chief gunners, chief 
carpenters and chief sailmakers, respectively, under which titles 
they rank with, but after. Ensigns, and are regarded in all respects 
as commissioned officers. Such commissions do not, however, give 
them a right to command, but they may be and are assigned to 
duty as deck officers, to perform similar duties to those performed 
by ensigns, and they may be assigned to the command of tugs 
and other small craft. 

Boatswains are the chief seamen on board the vessels of the 
navy and actually direct the operations of the deck force. They 
have charge of all the gear relating to the anchoring of the ship 
and to the means of controlling her movements while under way, 
except with relation to the propulsive machinery, and have charge 
of all boats and fixtures about the deck, the apparatus relating to 
the navigation of the ship, and have the superintendence of the 
cleaning and painting of the ship's hull and the permanent fixtures 

thereto. 

The boatswain is the special assistant of the executive officer 
and the chief means by which the orders of the latter are put into 
active execution. He is charged with seeing that the crew is 
properly mustered and that the watches are set, lookouts posted, and 
that the running lights and other safeguards to navigation are prop- 
erly cared for. 

The warrant gunners are the assistants to the ordnance officers 
and perform all the duties necessary to the care of the ordnance and 
magazines, together with the contents of the latter, and act as chief 
instructors to the members of the crew in the use of the guns 
and small arms of the vessel. 

The carpenter has charge of all repairs in wood and metals which 
may be made on board the vessel, and he has also especial charge 
of the pumps and attachments and of the fire extinguishing appa- 
ratus. He is also placed in special charge of the ports or openings 
in the sides of the vessel, and is required to see that they are kept 
water tight and that they are closed when the vessel goes to sea. 
As many of these ports are near the water line, a remissness in 



66o THE AMERICAN GOVERNMENT. 

duty in seeing that these ports are properly closed might result in 
the sinking of the vessel. 

Sailmakers are charged with the supervision of the work upon 
such sails and awnings as the vessel may be equipped with, but as 
little canvas work is now done with regard to vessels of war, ex- 
cept as to awnings, hammocks, and similar small articles, the posi- 
tion of warrant sailmaker is seldom filled. 

The warrant officers for which there are no commissioned grades 
are those of pharmacist and warrant machinist. The pharmacist is 
the assistant to the medical officer and has charge of the m.edical 
supplies and of the nursing of the sick of the crews. He is in 
charge of the dispensary and issues medicines and sick supplies 
under the direction of the medical officer. 

Warrant machinists are the assistants of the engineering officers, 
and perform most of the practical duties relating to marine en- 
gineering on the vessels of war, besides immediately directing the 
operation of the crews of the engine and fire rooms. Appointments 
as warrant machinists are made from enlisted men of the navy who 
are machinists by trade, or from machinists in civil life after an 
examination. Candidates from civil life must be more than thirty 
years of age, and must have had experience in the machine shop 
and in die engine-room of a seagoing vessel. 

The device of a chief boatswain is two crossed anchors ; of a 
chief gunner, a bursting shell ; of a chief carpenter, a try square, 
and of a chief sailmaker, a lozenge. That of a warrant machinist 
is a propeller, and of a pharmacist, the Geneva cross. 

There is an additional grade in the navy, that of Mate, which 
is maintained for the purpose of giving recognition to enlisted men 
of good service who cannot comply with the requirements for 
warrant officers. They have similar consideration and privileges 
to warrant officers, but cannot be commissioned, although it has 
been held that they may be promoted on the retired list to the 
next higher grade. This, however, could not occur on the active list 
without special legislation. Mates perform general duties in the line 
of seamanship and gunnery, especially the former, and their dis- 
tinctive device is a pair of binocular glasses. 



THE AMERICAN GOVERNMENT. 66l 

Enlisted men of the navy include many branches and trades. In 
order to be enHsted the appHcant must be at least seventeen years of 
age, and must be in good physical condition. Enlistment without 
the consent of parents or guardians may be made under the terms of 
the statute at the age of eighteen years. Formerly the minimum 
age for enlistment was fourteen years, and a system of apprentice 
training was carried on. It was found, however, that boys of that 
age were too light when they had finished their training for the 
heavy work of a modern vessel of war, and the present age limit was 
established. The enlisted men of the navy are divided into the sea- 
man branch, the artificer branch, the special branch, the commissary 
branch and the naessman branch. The lowest rating in the seaman 
branch is that of apprentice seaman, and a landsman who has had 
no experience is assigned to one of the training stations, either at 
Norfolk, Va., Newport, R. I., or San Francisco, Cal., where a course 
of training in barracks or receiving ships is given to fit the new re- 
cruit for life on board a vessel. A naval training station is also be- 
ing constructed on the Great Lakes, near Chicago, 111., for the pur- 
pose of training recruits, large numbers of whom now come from 
the far Western States. At the expiration of the six months' training 
recruits are rated as ordinary seamen, from which rating they are 
advanced to be seamen, and as soon as they are qualified may 
be rated as quartermasters, gunner's mates, coxswains or masters at 
arms, each of these third class. The positions named are the lowest 
classes of petty ofiicers, the quartermasters performing the duty of 
steering the vessel, attending to the signals, supervising lookouts and 
similar duties with regard to navigation ; gunner's mates being the 
assistants to the gunners in the care of the batteries of the ships; 
coxswains are placed in charge of the small boats of the vessel, and 
masters at arms are the police of the ship who preserve order and 
see that men do not hide in obscure corners of the vessel and thus 
avoid their duties. In the next higher class of the petty officers, the 
petty officers' second class, quartermasters may be promoted to be 
boatswain's mates, who are the assistants of the boatswain, or to be 
second-class quartermasters, and gunner's mates may be promoted 
to gunner's mates, second class, while gun captains appointed by se- 
lection rank as second-class petty officers. 



662 THE AMERICAN GOVERNMENT. 

In the first class of petty officers there are similar designations 
with the addition of the position of turret captain, and the highest 
class of petty officers is that of the chief petty officers in the branches: 
before named, the chief petty officers being, however, a distinct class 
from all other ratings of petty officers whether first, second or third 
class, and wear a distinctive dress of a sack coat and cap instead of 
the blouse and round hat of the inferior ratings, and are permitted 
to have a separate sleeping quarters and mess from the remainder of 
the crew. The ratings in the artificer branch include machinist's^ 
mates, electricians, carpenters, water tenders, who are men who at- 
tend to the water feed of the boilers and have general supervision 
of the fire rooms, boiler makers, coppersmiths, blacksmiths, plumb- 
ers and fitters, sailmaker's mates, carpenter's mates, ship fitters,. 
painters, printers, oilers, firemen, shipwrights and coal passers. The 
special branch includes yeomen, hospital stewards, bandmasters, hos- 
pital apprentices, musicians and buglers. The names are sufficiently 
self-descriptive except that of yeomen, which is the name of the 
enlisted clerical force of the vessel. The yeomen keep the accounts 
for the various officers, conduct correspondence and do the clerical 
work with regard to the reports required to be made. A special 
school is maintained at Norfolk for their instruction and they are 
expected to have some knowledge of arithmetic as well as of short- 
hand and t}'pewriting. The commissary branch includes the chief 
commissary steward, who purchases the supplies of fresh food for 
the use of the vessel, commissary stewards, ship's cooks, landsmen,. 
and bakers. This branch performs all the work of preparing the 
food for the enlisted men. 

The preparation of food for the officers, as well as the serving of 
the food to the men is performed by the messmen's branch, which 
includes stewards, cooks, and mess attendants in the various grades,, 
from stewards to the Commanders in Chief to mess attendants, third 
class. 

The system of distinguishing marks for enlisted men of the navy 
includes devices for the identification of the man with relation to alt 
the details of his position and assignment on board ship. All 
except the messman branch wear the watch mark denoting 
which of the two chief divisions of the ship's crew they belong- 



THE AMERICAN GOVERNMENT. 663 

to. For the purpose of alternating in the service of the ship, all the 
men are divided into cither the port or starboard watch. The dis- 
tinguishing mark denoting the watch to which a man belongs is a 
strip of braid worn on the shoulder seam of the sleeve and extending 
entirely around the arm. This is in white for the blue overshirt 
or blouse, and in blue on the jumper of the white suits worn. The 
men of the starboard watch wear the mark on the right sleeve and 
those of the port watch on the left sleeve. The mark in cases of men 
of the engineer force, the firemen and coal passers, is in red on both 
the blue and white clothes. The watch mark is not worn by mess 
attendants, as the latter do not stand watch. Men who hold continu- 
ous service wear service stripes on the left sleeve of scarlet cloth, a 
stripe for each term of enlistment, and each petty officer holding 
permanent rating and who has had three continuous good conduct 
badges is allowed to wear gold lace instead of the scarlet stripe. 
The watch to which a petty officer belongs is denoted by the location 
of his chevron, this being on the left sleeve for officers of the port 
watch and on the right sleeve for officers of the starboard watch. 
The chevron consists of stripes of scarlet cloth and petty officers of 
the third class are denoted by a chevron of one stripe, those of the 
second class by a chevron of two stripes, first class by three, and the 
Chief Petty Officer by three stripes and an arch. In connection with 
the chevron a rating badge is worn consisting of a spread eagle 
above the specialty mark of the rating to which the petty officer is 
attached. The eagle and specialty mark are embroidered in white 
on blue clothing, and in blue on white clothing, except that in the 
case of hospital stewards and hospital apprentices, the marks are in 
red for both uniforms. 

The marks assigned to the petty officers are as follows: 
For a Master at Arms, a five pointed star ; Boatswain, crossed 
anchors; Quartermaster, a steering wheel; blacksmiths and ship 
fitters, crossed hammers ; sail maker's mates, a grommet, which is 
a large eyelet sewed to a sail for the purpose of attaching the ropes 
which manage the sail ; for printers, an open book ; carpenter's mates, 
plumbers and fitters and painters, crossed axes ; turret captain, a de- 
vice which resembles a turret; gunner's mates, crossed cannon; 
chief yeomen, crossed keys ; yeomen, first and second class, crossed 



664 THE AMERICAN GOVERNMENT. 

pens ; electricians, a globe ; machinist's mates, a three bladed propel- 
ler ; hospital stewards and apprentices, a Geneva cross ; musicians, a 
lyre; and commissary stewards, two keys and a pen. 

In addition there are marks for ratings which are not those of a 
petty officer. Thus a gun captain, who is the leading man of a gun 
crew, and directs the operation of loading and preliminary training 
of the gun, wears a device representing a cannon placed horizontally 
on the arm. The gun pointer, who is the man who sights and fires 
the gun and who is chosen for his ability as a marksman without 
consideration of his ability in other directions, wears a circle within 
which are the crossed wires such as appear on the lens of the tele- 
scopic gun sights. Gun pointers may be selected from any section of 
the crew and all members of the crew are encouraged to try for the 
rating, which carries with it additional pay. Certain qualities of 
keenness of eyesight as well as steadiness of nerve are required un- 
der modern conditions, as the gun pointer must keep his eye at all 
times on the target, even while the gun is being loaded, and must 
have the resolution necessary to resist the natural tendency to start 
when the gun is fired. As the time of loading a gun, especially of 
the quick and rapid fire classes, is so small, if a gun pointer should 
■hesitate in standing up to his sights while the gun is being loaded 
and fired it would interfere materially with the rapidity and accuracy 
of the practice. 

A seaman gunner or man who has passed through the gunnery 
school and is especially qualified although not yet having received a 
rating, wears a badge bearing the device of a bursting shell. Grad- 
uates of the old apprentice training system wear a figure of eight- 
knot on the front of tlieir blouses and on the sleeves of their over- 
coat. Coxswains, who are in effect boatswain's mates, third class, 
wear the crossed anchors of a boatswain's mate with a single striped 
chevron. 

THE BUREAU OF MEDIcInE AND SURGERY. 

The Bureau of Medicine and Surgery is the controlling staff 
bureau of the medical corps of the navy. It has charge of all matters 
relating to laboratories, naval hospitals and dispensaries. Assignments 
of members of the medical corps are made upon its recommendation, 



THE AMERICAN GOVERNMENT. 66s 

and it has charge of matters relating to the enlistment and promo- 
tion of hospital apprentices, hospital stewards and pharmacists, con- 
ducting the professional examination in each case and recommend- 
ing the action to be taken into the Bureau of Navigation, besides 
making recommendations as to the assignment and transfer of en- 
listed men of the hospital corps. The Chief of the Bureau of Medi- 
cine and Surgery is selected by the President from the officers of 
the medical corps of not below the grade of medical inspector, and 
has general charge and supervision of all matters relating to the 
health and sanitation of the navy and of the treatment of the officers 
and men in cases of sickness and injury. The active list of the med- 
ical corps consists of fifteen medical directors, fifteen medical in- 
spectors, eighty-five surgeons, two hundred and thirty past assist- 
ants and assistant surgeons, while the President has power to ap- 
point not to exceed twenty-five acting assistant surgeons who have 
the rank and compensation of assistant surgeons. It is sought to 
use the appointment of an acting assistant surgeon as a means for 
building up the list of regular assistant surgeons, as a difficulty has 
been found in securing available candidates for this position. The 
appointments of acting assistant surgeons are understood to be only 
for a period of probation and until such officers have had an oppor- 
tunity to prepare for and pass an examination. If they are unable to 
pass the examination for a regular appointment, their service will be 
terminated and other acting assistant surgeons appointed in their 
stead. A candidate for appointment as assistant surgeon must be 
not less than twenty-one years nor more than thirty years of age, 
and his physical, moral and mental qualifications are decided upon 
by a board of medical officers. The approval of such a board is 
necessary before the Secretary of the Navy can appoint any person 
to be an assistant surgeon in the navy. After three years' service, 
assistant surgeons are promoted to be past assistant surgeons, and 
after three years' further service, past assistant surgeons are pro- 
moted to be surgeons. Both of these promotions are subject to 
such examination as the Secretary of the Navy shall prescribe. 
Medical directors have the rank of captain ; medical inspectors, the 
rank of commander; surgeons, the rank of lieutenant commander; 



666 THE AMERICAN GOVERNMENT. 

past assistant surgeons, the rank of lieutenant; and assistant sur- 
geons, the rank of lieutenant (junior grade). The officer assigned 
to assist the chief of the bureau of medicine and surgery is entitled 
to the highest pay of his grade and the President may select an ex- 
perienced surgeon for each fleet of the navy, known as the surgeon 
of the fleet, and who has general duties of inspection of the work of 
other medical officers afloat and attached to the vessels of the fleet, 
and who holds consultation when necessary for the treatment of dif- 
ficult cases. He has also general charge of the reports required of 
the medical officers of vessels. 

The warrant and enlisted personnel under the medical corps con- 
sists of pharmacists who are warrant officers, but do not receive the 
chief warrant officer's commission, hospital stewards who correspond 
to chief petty officers, and who have general charge of sick bay and 
dispensary vv^ork when no pharmacist is assigned to the ship or sta- 
tion, and hospital apprentices, who perform the duties of nurses of 
sick attendants on ship-board and at the hospitals. The duties of 
the medical corps include the care of officers and men in cases of 
sickness and of injury and of the families of officers, beside pro- 
vision for the care of the wounded in case of battle. This includes 
the designing of sick bays on board ship, and of packages for first 
aid treatment and means for conveying wounded men, as well as 
devices for the temporary treatment of the injured in battle, so that 
they need not be moved out of the protected areas of the armored 
spaces on board the ship into a central operating room until the 
action is over. Naval hospitals are maintained for the treatment of 
the sick of the navy at the various points along the Atlantic and Pa- 
cific coasts, at Yokohama in Japan and in the Philippine Islands, and 
a tuberculosis sanitarium has just been established in the west for the 
treatment of patients from the navy who have previously been treated 
at the army sanitarium at Fort Bayard, New Mexico. Medical 
officers are also charged with the oversight of the sanitary Condi- 
's tion of ships, and with the inspection of provisions, and upon 
complaint of a member of the personnel that provisions are spoiled, 
the inspection of the medical officer is required to determine whether 
the provisions shall be condemned and thrown overboard. 



THE AMERICAN GOVERNMENT. 667 

THE BUREAU OF SUPPLIES AND ACCOUNTS. 

The Bureau of Supplies and Accounts of the navy is charged with 
all matters relating to the provision of clothing and subsistence to 
the enlisted men of the navy as well as the payment of all amounts 
due to officers and enlisted men, thus combining the functions of the 
Quartermaster, Subsistence and Pay departments of the army. In 
addition, the Bureau of Supplies and Accounts keeps the books for 
all of the bureaus of the navy, no accounts whatever being kept in 
any bureau, but all matters relating to payments being referred to 
the Bureau of Supplies and Accounts, which conducts the adminis- 
trative audits for the navy department, on the expenditures of all 
the bureaus. This system was put into effect for the purpose of re- 
ducing the amount of work and of preventing duplication in book- 
keeping, but it has the undesirable result that all of the computations 
of the different bureaus are made upon estimates or upon data which 
must be secured from the Bureau of Supplies and Accounts, 

All payments for the navy of whatever nature are made by the 
navy pay officers, and contracts for materials and supplies are made 
by the contracting side of the same offices. In each place in which 
there is a navy yard, or at the nearest large city to a navy yard, 
there is stationed a pay officer who is charged with the duty of ad- 
vertising for bids and of making open market purchases to supply 
the needs of the different departments at the yards, as well as the 
provisions and equipment for the ships being made ready for sea 
not supplied from the manufactories of the Navy. The preliminary 
statement of a need is made by the officer in charge of a particular 
line of work and, except in the case of an emergency, is forwarded 
to Washington for approval by the bureau to which expenditure may 
refer. In case of emergencies, requisitions are made in advance of 
approval, but the approval must be secured from the bureau before 
the purchase becomes legal. Approved requisitions are sent to the 
purchasing paymaster who advertises for bids or makes a purchase 
in the open market, if the requisition comes within the regulations 
provided for open purchase, and upon receipt of bids, awards the 
contract and secures the delivery of the goods to the navy yard where 
they are passed upon by a board of inspecting officers and turned over 



668 THE AMERICAN GOVERNMENT. 

to a general storekeeper to be issued to the officer who originally 
made the requisition. 

The General Storekeeper of a navy yard is also an officer of the 
pay corps and is charged with the custody of all goods and materials, 
that is to say, the materials which are purchased for the purpose of 
being manufactured into goods to be used by the navy and the cus- 
tody of such manufactured articles when completed by the shops of 
the yard. These are taken up on the storekeeper's books and are 
charged against, the vessel to which issued, the whole constituting a 
complicated system, which is frequently evaded by the different yard 
departments in drawing from the General Storekeeper larger quan- 
tities of material than are needed for the moment, the balance being 
kept in store at the department shop or storehouse to be drawn upon 
for subsequent work. 

In the vicinity of most of the yards there is stationed a third pay 
officer, the disbursing pay officer, who receives the bills for commodi- 
ties purchased and sees that they are properly approved and con- 
ducts a preliminary administrative audit before paying them. In 
the larger yards there is also a yard paymaster who acts as the dis- 
bursing officer for the workmen and clerks employed in the yards, 
and for the pay of the officers and men detailed therein and not 
attached to vessels. 

The seagoing duties of the members of the pay corps consists in 
the purchase of all articles of provision and supply when away from 
navy yards which are not furnished by requisition on the general 
storehouses of the navy and of the oversight of the issue of rations 
and the cooking for the men as well as the payment of all the pay 
and allowances of officers and men of the ship, and also of the vari- 
ous expenses incurred by the ship at other points than at navy yards 
and which must be paid in cash. The pay officer makes arrange- 
ments for all purchases of the ship of whatever nature and such 
other disbursements as may be allowed and which are undertaken 
on the order of the commanding officer. He is also charged with the 
clothing and small stores which are issued to the ship from the naval 
supply fund and in turn issued to the men as they may need them, 
the amounts being charged against the pay accounts and deducted 
therefrom at the end of the month. The pay officer is furnished with 



THE AMERICAN GOVERNMENT. 669 

funds in money and credit to enable him to make the necessary pay- 
ments and he is responsible for the outgo of the same, any unwar- 
ranted payments being checked against his accounts so that he must 
make them good. He is allowed a certain percentage of wastage 
upon stores furnished to him for issue to the men, but if he fails to 
make the proper charges or fails to deduct any sums which may be 
certified to him as due the United States from officers or men, he is 
liable under his bond to make the amount good to the United 
States. 

The pay officer also acts as a division officer aboard ship, having 
charge of the powder division or idlers, so-called, consisting of the 
musicians, messmen, and other non-combatants who are expected in 
a time of action to render such assistance as may be required in 
handling the ammunition, serving as a fire brigade and otherwise as 
auxiliary to the fighting force. The head of the Bureau of Supplies 
and Accounts is appointed by the President, by and with the advice 
and consent of the Senate, for a term of four years and must be 
selected from the pay officers of not below the grade of Pay Inspec- 
tor. He has the title of Paymaster General of the Navy. The pay 
corps of the navy consists of thirteen pay directors, fifteen pay in- 
spectors, seventy-six paymasters and ninety-six past assistant pay- 
masters and paymasters. No person can be appointed an assistant 
paymaster who is less than twenty-one or more than twenty-six 
years, or until his qualifications have been examined and approved 
by a board of pay officers. Pay Directors have the rank of Captain, 
Pay Inspectors of Commanders, Paymasters the rank of Lieutenant 
Commander, or Lieutenant, past Assistant Paymasters, Lieutenants 
or Lieutenants (Junior grade), Assistant Paymasters, the rank of 
Lieutenant (Junior grade) or ensign. Officers having the relative 
ranks indicated by a double rank within the grade are promoted in 
their grade in accordance with the promotion of the officer of the 
line with whom they take rank. When the latter is passed into the 
higher grade, the officer of the staff ranking with him also passes 
into a higher rank, although he may retain his former title, while 
his pay, if it is under the new or army pay receives a corresponding 
increase. Pay officers of the fleet are designated by the President 
under similar circumstances and for corresponding duties of super- 



670 THE AMERICAN GOVERNMENT. 

vision in the line of their profession as is the case with the surgeons 
of the fleet. 

Pay Directors, Pay Inspectors and Paymasters must give bond in 
the sum of $25,000, past Assistant Paymasters in the sum of $15,000 
and Assistant Paymasters in the sum of $10,000, and must give new 
bonds with sufficient securities whenever required to do so by the 
Secretary of the Navy. Paymasters on vessels having on board 
more than 175 persons, and on supply steamers, store vessels, and 
receiving ships, as well as at shore stations, are entitled to the ser- 
vices of a clerk who is a semi-military person appointed by the Sec- 
retary of the Navy, and entitled to wear a uniform and the oak sprig 
of the Pay Corps, but without any rank, and whose appointment can 
be terminated at any time. Appointments of suitable persons are 
generally made upon the recommendation of the pay officer under 
whom the clerk is to serve, but if for any reason the Secretary of 
the Navy deems it inadvisable to make the appointment the pay offi- 
cer must make another nomination. Pay officers are responsible for 
the acts of their clerks, and must make good any shortages which 
may occur by reason thereof. Pay officers are also assisted by pay 
yeomen or writers, and on board ship by the commissary steward, 
who is the chief petty officer directly in charge of the purchase of 
fresh provisions, of issuing rations and of the preparation of the 
food for the men, and who is at the head of the commissary branch. 

The corps of Chaplains in the navy consists of twenty-four officers 
of whom the senior four have the rank of Captain, the next seven 
that of Commander, the next five that of Lieutenant Commander, 
and the remainder the rank of Lieutenant and Lieutenant Junior 
grade. The former basis of pay of Chaplains was a fixed sum of 
$2,800 a year and the only addition was the allowance for the rank 
held by the Chaplain. This has been changed by recent legislation, 
so that a Chaplain, upon appointment, has the rank of Lieutenant 
Junior grade, and after seven years he will be promoted to be Lieu- 
tenant, and thereafter to be Lieutenant Commander, as vacancies 
occur in the higher grades. Chaplains on appointment must be be- 
tween the years of twenty-one and thirty-five, and are appointed by 
the President, by and with the advice and consent of the Senate. 
The matter of denomination or even of regular ordination is not es- 



THE AMERICAN GOVERNMENT. 671 

sential under the law, but it is the practice to require that a Chap- 
lain shall be a regularly ordained minister and shall have the endorse- 
ment of some recognized ecclesiastical body. The only examination 
required is to determine the physical qualifications of the candidate. 
It is required by law that the Chaplain must be permitted to conduct 
divine service in accordance with the form of the church of which 
he may be a member. Chaplains are required to conduct divine 
service on Sunday when possible and to attend to the moral welfare 
of the men, also to make an annual report to the Secretary of the 
navy of the duties performed by them during the year. 

Professors of mathematics who were originally teachers sent to 
sea to instruct the midshipmen on board vessels of the navy before 
the naval academy was established, are utilized as instructors at the 
naval academy, and also as scientific observers and computers at the 
naval observatory in Washington and on the Pacific Coast. They 
are twelve in number and the senior three have the rank of Captain, 
the next four that of Commander, and the remaining five that of 
Lieutenant Commander or Lieutenant. They are appointed by the 
President, but no person can be appointed until he has passed a suc- 
cessful physical examination and a professional examination con- 
ducted by a board of professors of mathematics. 

The Corps of Civil Engineers is under the direction of the Bureau 
of Yards and Docks, the Chief of the latter being now required by 
law to be a member of the corps of Engineers. Formerly a line 
ofiicer of the navy could be selected for this duty. The duties of the 
Bureau of Yards and Docks include all matters relating to the con- 
struction of wharves, slips, piers and buildings at all navy yards, and 
stations controlled by the navy, except such stations as may be en- 
tirely under the direction of a particular bureau, such as the naval 
proving grounds, the naval torpedo station, the naval war college and 
the naval academy. The Bureau of Yards and Docks constructs the 
buildings for all other bureaus at navy yards after consulting with 
the heads of such bureaus as to the requirements. It is also charged 
with the repair and maintenance of buildings, the construction and 
maintenance of roads and streets within the navy yards, with the 
lighting of the yard, and, under the system about to be installed, with 
all matters relating to the light, heat and power of buildings, under 



'672 THE AMERICAN GOVERNMENT. 

whatever bureau the operations carried on within the buildings may- 
be conducted. The Bureau of Yards and Docks also has charge 
of all apparatus for moving articles from one place to another within 
the navy yard, except within the buildings themselves, including 
derricks, cranes and trucks and wagons, provides the labor for 
cleaning the yards and builds all docks, but does not operate the 
docks after they are built. The Civil Engineers are the officers who 
direct the various operations under the charge of the bureau and do 
not at any time perform seagoing functions. They have such rank 
as the President may direct, and the corps, at the present time, con- 
sists of two officers with the rank of Captain, two with the rank of 
Commander, two with the rank of Lieutenant Commander, and 
twenty-three with the rank of Lieutenant. In addition there are 
seven assistant Civil Engineers, six with the rank of Lieutenant 
(Junior grade), and one with the rank of Ensign. The compara- 
tively small pay of Civil Engineers in the navy with relation to the 
amounts earned by persons of equal abilities in private life has made 
it difficult to fill vacancies in the corps of Civil Engineer. Frequent 
examinations have been held for the purpose and it has finally been 
"determined to accept graduates of the naval academy who desire to 
enter the Civil Engineer Corps because seagoing life is distasteful 
to them or for other reasons. Such graduates are sent to a technical 
college for a post-graduate course in civil engineering and are then 
appointed assistant Civil Engineers. 

THE NAVY PAY. 

The question of army pay offers, as has been noted, no slight de- 
gree of complexity, but it is a simple and easily understood system 
when a comparison is made with the subject of navy pay. Prior to 
July I, 1899, the pay of the navy was based on the table now known 
as the old navy pay, and which provided three scales of payment, 
namely, that for serice at sea, that for service on shore, and that 
for time spent on leave or in waiting orders, together with arbitrary 
schedules for staff officers. Thus, for example. Rear Admirals re- 
ceived $6,000 when they were at sea, $5,000 when they were on shore 
duty, and $4,000 per annum when they were on leave or waiting or- 
ders. A similar deduction, but not proportionately as large, was 



THE AMERICAN GOVERNMENT. (i^z 

made in the pay of subordinate officers under the three sets of cir- 
cumstances indicated, and officers below the grade of Commander 
received increases of stated amounts after each five years of service. 
This system was aboHshed with relation to certain officers of the 
navy by legislation, taking effect on the date above mentioned and 
the army pay was established as a basis for the pay of the navy, with 
the exception that it was provided that an officer on shore duty 
should receive 15 per cent, less than when he performed sea duties. 
The old navy pay was established on the condition which was general 
in the navies of the world of a considerable number of officers in 
excess of the number required for manning the vessels of the navy. 
Therefore, when an officer was unable to secure sea duty he had to 
be content with shore duty or waiting orders, and his scale of pay 
under those circumstances was calculated on the idea that he was not 
rendering the service incident to his profession and that his pay was 
rather in the nature of a retaining fee than a compensation for pro- 
fessional duties performed. The new pay table, or army pay, did 
not, however, apply to all officers in the service, as any officer ap- 
pointed prior to the date mentioned, whose pay under the old pay 
table would be in excess of what he would receive under the army 
pay table is entitled to receive old navy pay. By a provision of law 
passed in 1906 the difference of 15 per cent, between sea and shore 
pay was abolished, so that new officers and officers whose pay would 
not be increased by the old navy pay table, are paid in accordance 
with the following table of base pay, with the additions which are 
allowed by law. The chief of these additions is that of longevity pay, 
by which officers below the rank of Rear Admirals, second nine, re- 
ceive ten per cent, additional of the pay of their grade for every five 
years of service ; that is, ten per cent, after the first five years, twenty 
per cent, after the second five years, and until the increase has reached 
forty per cent., which is the maximum increase which can be re- 
ceived on longevity pay. It is further provided that a Captain in 
the navy shall not receive more than $4,500 a year, and a Commander 
more than $4,000 a year. This, of course, does not include the al- 
lowances which may accrue under the laws to the officers named. 
The base pay of officers of the navy plus the longevity pay, to which 
they may be entitled, is the pay proper. Upon this there is estimated 



674 THE AMERICAN GOVERNMENT. 

a further increase of ten per cent, when such officers are detailed to 
shore duty beyond the Hmits of the United States. The increase of 
ten per cent, is not paid when officers are on duty in the waters of 
foreign countries, but only when they are on shore duty, and officers 
are entitled to the increase when on their way in merchant vessels to 
their posts of shore duty, outside the limits of the United States, but 
are not entitled to the increase for the time consumed in returning to 
the United States in a merchant vessel after they have been detached 
from their shore duties. 

In addition to their pay officers of the navy on shore duty are al- 
lowed quarters, when practicable, in Government buildings, and 
when such allowance is not practicable, quarters are commuted at the 
rate of $12 per room per month, that of the Admiral of the Navy- 
being fixed by law at $125 per month. In addition to this allowance, 
there is a monthly allowance for wood and for light which may be 
commuted in cash if not furnished by the Government or may be 
furnished in steam or furnace heat or in gas or electric lighting to the 
amounts which have been calculated in those commodities as being 
equivalent to the allowance in kind. In case officers receiving light 
and heat from governmental plants utilize more than the amount 
they are allowed, they are expected to make up the difference by 
payment to the disbursing officer of the station at which their shore 
duty is performed. 

Officers of the line, medical and Pay Corps of the Navy, chaplains 
above the grade of lieutenant and chaplains appointed after July i, 
1906, and officers of the Marine Corps receive the following pay 
under the current legislation. 

Rank. Base pay. 

Admiral $i3,50O 

Rear-admirals: 
* First nine 7>50O 

Second nine 5>50o 

Chiefs of Bureaus and Brigadier-General Commandant of 

Marine Corps 5.S0O 

Captains, Navy 3.500 

Judge-Advocate-General and colonels, Marine Corps, line 

and stafif 3,500 

Commanders, Navy 3.000 



THE AMERICAN GOVERNMENT. 675 

Rank. Base pay. 

Lieutenants-colonels, Marine Corps, line and staff 3,000 

Lieutenant-commanders, Navy 2,500 

Majors, Marine Corps, line and staff 2,500 

Lieutenants, Navy 1,800 

Captains, Marine Corps : 

Line 1,800 

Staff 2,000 

Lieutenants (junior grade), Navy 1,500 

First lieutenants and leader of band, Marine Corps 1,500 

Ensigns, Navy 1,400 

Second lieutenants, Marine Corps, chief boatsw^ains, chief 

gunners, chief carpenters, and chief sailmakers 1,400 

Officers appointed from civil life are credited with five years of 
service for the purpose of computing longevity pay on entering on 
their duties, this allowance being made to put them on an equal foot- 
ing with officers educated at Annapolis, whose school time is com- 
puted in allowing longevity pay, so that the pay of an appointee from 
civil life on entrance is ten per cent, in addition to the foregoing. 

The pay of other officers of the navy than those named and of 
persons paid as officers is given in the following table. In addition 
to the amounts named for Chaplains, officers of such corps who were 
or may be appointed after July i, 1906, or who were above the grade 
of Lieutenant on that date receive the pay and allowances of their 
rank as indicated by the present pay table, the latter class of Chap- 
lains receiving the pay and allowances of a Lieutenant Commander. 
All officers paid under the following table are entitled to one ration 
a day, while at sea, except midshipmen, who are entitled to one 
ration a day under all circumstances. 






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THE AMERICAN GOVERNMENT. 



677 



The following pay table is that of the enlisted men of the navy, 
and to this should be added the allowance of a ration a day, 
which, when enlisted men are on detached service, is commuted at 
the rate of $9 per month, the cash value of the ration of the navy 
being fixed at thirty cents a day. 

Chief Petty Officers. 



Seaman Branch. 


u 

$65 
50 
50 
60 
50 


Artificer Branch. 


h 
1°- 


Special Branch. 




Chief Masters-at-Arms 


Chief Machinists' Mates 

Chief Electricians 

Chief Carpenters' Mates 

Chief Water Tenders 


I70 
60 
50 
50 


Chief Yeomen 


ffio 


Chief Boatswains' Mates 


Hospital Stewards 


fin 


Chief Gunners' Mates 


Bandmasters 


52 


Chief Turret Captains 




Chief Quartermasters 







Petty Officers, first class. 



Masters-at-Arms, ist class. . 
Boatswains' Mates, ist class 
Gunners' Mates, ist class. . . 
Turret Captains, ist class . . 
Quartermasters, ist class. . . 



Boilermakers 

Machinists' Mates, ist class. . 

Coppersmiths 

Shipfitters, ist class 

Electricians, ist class 

Blacksmiths 

Plumbers and Fitters 

Sailmakers' Mates 

Carpenters' Mates, ist class.. 

Water Tenders 

Painters, ist class 



Yeomen, i.st class , 
First Musicians . . 



36 



Petty Officers, second cla.<;s. 



Masters-at-Arms, 2d class . . . 
Boatswains' Mates, 2d class. 
Gunners' Mates, 2d class. . . . 
Quartermasters, 2d class 



Machinists' Mates, 2d class . . 

Electricians, 2d class 

Shipfitters, 2d class 

Oilers 

Carpenters' Mates, 2d class . . 

Printers 

Painters, 2d class 



Yeomen, 2d class. 



I35 



Petty Officers, third class. 



Masters-at-Arms, 3d class . 

Coxswains 

Gunners' Mates, 3d class. . 
Quartermasters, 3d class . . 



Electricians, 3d class 

Carpenters' Mates, 3d class , 
Painters, 3d class 



Yeomen, 3d class 

Hospital Apprentices, ist class 



f30 
30 



Seamen, first class. 



Seamen Gunners. 
Seamen 



$26 
24 



Firemen, ist class. 
Shipwrights 



Musicians, ist class $32 



Seamen, second class. 



Ordinary Seamen . 



|ig 



Firemen, 2d class . 



$30 



Musicians, 2d class. . . 

Buglers 

Hospital Apprentices. 



$3° 
30 



Seamen, third class. 



Apprentice Seamen , 



$16 



Coal Passers $22 I,andsmen. 

I,andsnien 16 



|i6 



COMMISSARY BRANCH. 



Chief Commissary Steward . 

Commissary Steward 

Ships' Cooks, ist class 

Ships' Cooks, 2d class 

Ships' Cooks, 3d class 



Ships' Cooks, 4th class . 

Bakers, ist class 

Bakers, 2d class 

I^andstnen 



I25 
45 

16 



678 



THE AlV[ERICAN GOVERNMENT. 



MieSSMi^N BRANCH. 



Stewards to Commanders-in-Chief . 
Cooks to Commanders-in-Chief. .... 

Stewards to Commandants ..'.'.. 

Cooks to Commandants '.'.'..'.. 

Cabin Stewards '.'.'.'.. 

Cabin Cooks, '.'.!'.'.!'. 1 

Wardroom Stewards .'.'.'.'.'!! 

Wardroom Cooks 



Steerage Stewards 

Steerage Cooks 

Warrant Officers' Stewards. . . 

Warrant Officers' Cooks 

Mess Attendants, first class. . . 
Mess Attendants, second class 
Mess Attendants, third class. . 



$35 
30 
35 
30 
24 
20 
16 



INSUI^AR FORCE, UNITED STATES NAVY. 



Ratbs. 




Native Coxswains 


I15 


Native Seamen 


Native Ordinary Seamen 




Native Machinists, first class 


28 


Native Machinists, second class 




Native Firemen, first class 


18 


Native Firemen, second class 


15 


Native Coal Passers 


Native Stewards 


15 
13 


Native Cooks 


Native Mess Attendants 







NON-COMMISSIONED OFFICERS, MUSICIANS AND PRIVATES— MARINE CORPS. 



Grade. 



First enlistment or first 
5 years. 



fe >> 02 



w CO 









V 11 



a £. 






J5 

7" E fa ^^ 
v o 



&< o o lo 



Sergeant-Major 

Quartermaster-Sergeant . 

Drum Major 

Gunnery Sergeant , 

First Sergeant , 

Sergeant 

Corporal 

Drummer and Trumpeter 

Private 

I^eader of the Band , 

Second Leader of Band. . 

Musician, first class 

Musician, second class 



34 
25 
35 
25 
18 
15 
13 
13 
125 
75 
60 
50 



34 
25 
35 
25 
18 

15 
13 
13 
125 
75 
60 

50 



$35 
35 

25 

36 
26 

19 
16 

14 
14 
125 
76 
60 
50 



I36 
36 
27 

37 
27 
20 
17 
15 
15 
125 
77 
60 

50 



I37 
37 
28 



18 

16 

16 

125 

78 
60 
50 



»39,oo 
39.00 
30.00 
40,00 
30.00 
23 00 
20 00 
iS 00 
iS.oo 

137.50 
80 00 
60 00 
5000 



I40 
40 
31 
41 
31 
24 
21 
19 
19 

1,50 
81 
60 
50 



41.00 
32.00 
42.00 
32.00 
25.00 
22.00 
20 00 
20 00 
162.50 
82.00 
60.00 
50.00 



175 
83 
60 

50 



$37 
37 
28 
38 
28 
21 
iS 
16 
16 

125 
78 
60 
50 



" Class 3 is the term used to designate pay of men who have ever received reenlisted pay under the 
act of August 4, 1854, but have allowed a longer period than three months to elapse before again enlisting. 
The amount is the same as that received bj^ a man serving in the fifth year of a first enlistment " 

All enlisted men of the U S. Marine Corps regularly detailed as gun pointers, mess men or signal 
men, or holding good-conduct medals, pins or bars, receive the same extra compensation, in addition to 
their monthly pay, allowed to enlisted men of the Navy 

Enlisted inen of the Marine Corps who have qualified as expert riflemen are entitled to $1 per month 
additional pay aUowed enlisted men of the infantry of the Army, which extra pay ceases at the close of 
the first subsequent target year in which such riflemen fail to qualify. (C. D., Sept. 26, 1905,) 



THE AMERICAN GOVERNMENT. 679 

Besides this pay, additional allowances and payments are made in 
the different special ratings as follows : 

Seamen gunners receive two dollars a month in addition to the 
pay of their rating ; holders of good conduct medals receive seventy 
cents per month for such medal, and additional amounts per month 
for each additional bar which they may receive. Coxswains detailed 
to boats propelled by machinery or coxswains to Commanders in 
Chief receive $5 per month additional pay. Enlisted men attached 
to submarine boats receive $5 a month extra pay, with $1 additional 
during each day or any part of which they shall have been submerged 
in their boat, the total of such daily payment not to exceed $15 per 
month. Seamen who have charge of the holds of vessels receive $5 
extra per month, and jacks of the dust, who are seamen detailed to 
aid the pay officer of the ship in caring for stores, receive the same 
amount of extra pay as do also seamen temporarily detailed to act 
as mess attendants. When seamen are detained in the service beyond 
the time when their enlistments have expired, they are entitled to 
25 per cent, additional pay until their return to the United States, 
but they must be discharged as soon as they reach this country. Sea- 
men detailed as coal passers receive thirty-three cents per day in ad- 
dition to the pay of their regular rating, and seamen detailed as sig- 
nal men receive $3, $2 and $1 per month according to their class. In 
order to encourage enlisted men to qualify as gun pointers or marks- 
men with the batteries of a ship they are awarded additional pay as . 
follows: Heavy gun pointers, first class, $10; second class, $6; inter- 
mediate gun pointers, first class, $8 ; second class, $4 ; secondary gun 
pointers, first class, $4 ; second class, $2. Gun Captains of the heavy 
guns receive $5 per month in addition to their regular pay, the addi- 
tion in the case of seamen gunners, however, to include their regular 
$2 increase. A man detailed as ship's tailor is entitled to receive 
from $10 to $20 a month additional, not to exceed $50 a month in all, 
and his helper may receive $10 a month or not to exceed $40 for his 
total pay. As a bonus for re-enlistment an additional compensation is 
paid to a man on his second and subsequent enlistments, being $5 
a month in addition to the regular pay of the rating for second en- 
listment, and $3 a month additional for each subsequent enlistment. 
On their first enlistment in the navy, men receive an outfit with- 



68o THE AMERICAN GOVERNMENT. 

out cost to the value of $60, although if they are discharged during 
the first six months of their service the amount of the cost of the 
outfit is checked against any pay which may be coming to them. 
After the first outfit, enlisted men are required to furnish their own 
clothing and other articles of personal use, the navy furnishing free 
food, quarters and medical attendance. For the latter, however, 
a deduction of twenty cents a month is made from the pay of each 
enlisted man of the navy to be applied to the naval hospital fund. 
In addition to the foregoing an enlisted man who re-enlists in the 
navy within three months not only receives pay for the time he has 
been absent from the service, being in the nature of a furlough with 
pay, but also, if he applies to come within the continuous service 
privileges and receives a continuous service certificate, receives an 
increase of $1.36 per month, together with the privileges and oppor- 
tunities for promotion, in which continuous service men receive the 
preference. Enlisted men who have passed through the apprentice 
training school also receive slight additional increases of pay. 

RETIREMENTS IN THE NAVY. 

Promotion in the navy below the grade of Rear Admiral can only 
be made after the candidate for promotion has passed a satisfactory 
examination as to his qualifications for a higher grade. Promotion 
is, however, not necessarily consequent upon passing such an exam- 
ination, but must await a vacancy in the higher grade, except that 
ofiicers, after three years' service in the grade of Ensign, are en- 
titled to promotion, after examination, to the grade of Lieutenant 
Junior grade. In case an officer fails to pass an examination he is 
suspended from promotion for a year, and on a second failure to 
pass an examination he is dropped from the service with a year's 
pay, Besides promotions as a result of vacancies, promotion may be 
secured in the navy by especially meritorious service in time of war, 
for which the President may, with the advice and consent of the 
Senate, promote any officer to not exceeding thirty numbers, that is, 
he can jump him over not exceeding twenty-nine officers nearest to 
him, to take rank with and next after not to exceed the thirtieth 
officer above him. That is, an officer who is promoted three num- 
bers becomes senior to the next two men above him, and so on, in ac- 



THE AMERICAN GOVERNMENT. 681 

cordance with the character of the service rendered, within the limit 
above named. When such promotion brings an officer into a higher 
grade than that from which he was promoted, his position is that 
of an extra number in the grade and the vacancy made by his death 
or retirement is not filled. Promotion is also indirectly afforded 
officers of the navy by the reduction of a senior officer in rank by 
sentence of a court martial, as such punishment acts as a promotion 
of all those officers who are between the position left by the punished 
officer and the new position which he assumes on the list. \Vlien an 
officer receives the thanks of Congress for meritorious conduct, he 
also receives as an incident of the reward an advance to the next 
higher grade to that which he held; such advancement is also re- 
garded as an extra number in the grade attained and the vacancy is 
not to be filled upon the officer's death or retirement. The laws re- 
lating to the retirement of officers of the navy are radically dififerent 
from those applying to the army. Originally there was no retire- 
ment provision, the dififerential between sea, shore, and waiting or- 
ders pay being intended to supply the function now exercised by the 
retired list. On the breaking out of the Civil War, however, so many 
superannuated Captains were found on the active list that retirement 
provisions have been in efifect since that time and have been various- 
ly amended for the purpose of securing a regular flow of promotion 
in the navy. One of the most dreaded conditions in military service, 
and especially in the naval service, is what is called a "hump" in the 
list of officers. That is to say, the presence on the list of too large 
a proportion of officers of about the same age, so that for a number 
of years there are no retirements and officers are kept in the lower 
grades for so many years that when they reach the higher and com- 
mand ranks they retire very shortly after having been promoted. 
This has the efifect of discouraging endeavor in the younger officers 
and of making them subordinate through so many years of their 
Hves that when they arrive at command rank they have lost initiative, 
and power to take responsibility. 

Every officer of the navy on reaching the age of 62 is compulsorily 
retired by the President, the only exception being the Admiral of the 
navy, who holds his position for life. If an officer has been 40 years 
in the service of the United States, he may, upon application to the 



682 THE AMERICAN GOVERNMENT. 

President, be retired, this constituting one of the forms of voluntary 
retirement. The foregoing provisions, however, would not be suffi- 
cient to secure a number of retirements that would obviate the condi- 
tion suggested in the foregoing paragraph, and a rather complex 
system for getting rid of more officers than can be carried in the reg- 
ular flow of promotion is followed. 

In 1899 an Act of Congress was passed which was intended to 
provide a flow of promotions which would bring the younger officers 
to command and flag ranks in time to make their youth and energy of 
value in the naval service. It was believed at that time that if a 
provision was made by which the retirement of a certain number of 
officers annually could be guaranteed the end desired would be at- 
tained and the flow of promotions would regulate itself automatically. 
A singularly complex and ambiguous provision was passed in the fol- 
lowing language ; namely, that "when the average vacancies for the 
fiscal year above the grade of Commander have been less than, thir- 
teen, above the grade of Lieutenant Commander less than twenty, 
above the grade of Lieutenant less than twenty-nine, and above the 
grade of Lieutenant Junior grade, less than forty," certain voluntary 
retirements might be allowed. It was provided further that when 
the voluntary retirements had not been sufficient to make up the 
number of vacancies indicated, certain compulsory retirements 
should be put into effect. For several years this law was given a 
close construction, so that the compulsory retirements contemplated 
were not insisted upon. The result was that the flow of promotion 
expected did not occur and a protest was made by the officers in 
lower grades resulting in a different construction of the law and a 
greater number of retirements. Under the terms of this law a pre- 
mium is placed on retirements by offering to such officers as shall 
apply for a place on the retired list retirement in the next higher 
grade to that which they held, the retirement carrying three-fourths 
of the pay of the higher grade. Officers who desire to take advantage 
of the provisions of this section of the law and who are of the grade 
of Captain, Commander, and Lieutenant Commander may apply to 
have their names placed on the list for voluntary retirement, and if, 
at the close of the fiscal year, it appears that the number of vacancies 
indicated has not been made by deaths, resignations, or retirements. 



THE AMERICAN GOVERNMENT. 683 

the names of such officers may be placed on the retired lists at the 
rank and pay indicated. If, however, at the end of the fiscal year it 
appears that the number of vacancies has not been attained by the 
addition of the voluntary retirements, a board of five Rear Admirals is 
convened v^ho examine the lists of Captains, Commanders and Lieu- 
tenant Commanders and select a sufficient number for compulsory 
retirement to make up the number of vacancies needed. As a com- 
pensation for such retirement the officers placed on the retired list 
receive the rank and three-fourths of the sea-pay of the next higher 
grade to that which they occupied, the rank of Commodore being 
revived on the retired list in order to provide the next higher grade 
for Captains so retired although this provision would be taken 
advantage of only as an exceptional incident. 

Regular retirements in the navy except that for age at sixty-two 
years is effected upon the recommendation of an examining board 
to which the question of the officer's disability for active service has 
been referred. If it appears that the officer is incapacitated for ac- 
tive service he will be placed on the retired list unless the retiring 
board certifies that the incapacity is not the result of an incident of 
the service, in which case, the President may determine whether the 
officer shall be placed on the retired list or shall be discharged from 
the service with a year's furlough pay. If an officer comes up for 
promotion and he is not passed both by the professional and the 
medical examining boards he may be placed upon the retired list, 
unless it shall be shown that his incapacity is due to drunkenness or 
personal misconduct, in which case he is to be discharged from the 
navy with not more than one year's pay. This provision is not, how- 
ever, all the law with regard to officers below the rank of commander, 
who, if they fail to pass their professional examination after a year's 
grace are required to be dropped from the service. It is probable 
that an officer so dismissed would be awarded the year's pay provided, 
by the section of the law previously referred to. Officers of staff 
corps who have served for forty-five years have, when retired, the 
rank of Commodore, and such officers who have arrived at the age 
of sixty-two years, and are retired before having had forty-five years 
of service are entitled to have the rank of Commodore on the retired 
list after forty years from the time of their entry into the service of 



684 THE AMERICAN GOVERNMENT. 

the United States. Officers who retire while holding the position of 
Chief of Bureau have the rank and emoluments of Rear Admiral on 
the retired list. 

Retired officers may be given employment at the discretion of the 
President and in such case receive full active pay and emolumnets. 
Such employment may, in time of war, extend to the command of a 
squadron or a vessel and Rear Admirals so detailed may be re- 
stored to the active list if they have received the thanks of Congress 
on recommendation from the President for gallantry in action. If 
such restoration to the active list should be had it is probable that 
Congress would re-enact the provision made for officers who receive 
the thanks of Congress during the Civil War and who were to be 
retained on the active list until they had seen fifty-five years service, 
unless they should be previously retired on account of disability. 

Enlisted men, after thirty years of service, may be retired with the 
rank held at the date of retirement and seventy-five per cent, of the 
pay and allowances then being received, such allowances being com- 
muted at the rate of $9.50 a month in lieu of rations and clothing and 
$6.25 per month in lieu of quarters, fuel and light. All service in 
the army, navy and marine corps is credited in computing the time 
for retirement, and active service in the Civil or Spanish war is 
computed as double time for the purpose of making up the thirty 
years required. Provision is made as in the case of the army, al- 
though the law as to retired officers was not passed until 1906, that 
any officer of the navy whether in active service or on the retired list, 
shall, when retired, or if retired, receive promotion of one grade 
above that held by him at the time of his retirement, such promotion 
not to become effective, however, if the officer has been promoted on 
the retired list or has been restored to the navy and placed on the 
retired list by virtue of a special Act of Congress. 

THE MARINE CORPS. 

The Marine Corps of the United States is an excellently organized 
and disciplined body of infantry soldiers which has its own line and 
staflf organization and which furnishes military guards for the navy 
yards and stations and for ships in commission and which constitutes 
a readily mobilized force which is available for making up landing 



THE AMERICAN GOVERNMENT. 68$ 

parties and undertaking certain military operations which could not 
be appropriately handled by troops of the army. 

Under international law landing of the land troops of a nation on 
the shores of another nation constitutes an act of war, but a similar 
significance is not given to landing parties composed of seagoing 
military forces. Therefore, not only can landing parties of marines 
and blue jackets be made up and sent ashore on foreign territory 
without international complications, but provisional brigades of ma- 
rines may be sent from the United States as expeditionary forces, and 
without incurring the liabilities and compHcations which would be 
consequent upon sending a section of the army on a similar mission. 
The list of line officers of the Marine Corps includes one Brigadier 
General Commandant, who has general direction of all matters re- 
lating to the Marine Corps, six Colonels, six Lieutenant Colonels, 
fifteen Majors, seventy-two Captains, eighty-five First Lieutenants 
and seventy-two Second Lieutenants. The staff of the Marine Corps 
consists of one Adjutant and Inspector, one Quartermaster and one 
Paymaster, each with the rank of Colonel, one Assistant Adjutant 
Inspector, and with an appropriate number of assistants in each of 
the staff corps. The staff of the Marine Corps is separated from the 
line, but transfers are made from the line to fill vacancies in the 
staff corps. Vacancies in the grade of Brigadier General Command- 
ant are filled from the line of the Marine Corps not below the grade 
of Major and Congress has in consideration of long service sometimes 
voted to increase the rank of the Commandant from Brigadier Gen- 
eral to Major General. Vacancies in the lowest grade of the Marine 
Corps, that of Second Lieutenant, are filled as far as practicable by 
graduates of the naval academy. It was formerly the custom to as- 
sign the cadets lowest in rank on graduating from the naval acad- 
emy to the Marine Corps, but this practice has been abolished, owing 
to the great demand for line officers in the navy. The usual method 
of appointment to positions in the Marine Corps is from civil life, 
while a considerable number of appointments have been made of 
midshipmen who have not been able to complete the course at the 
naval academy. Graduates from the naval academy are not required 
to take an examination for entrance to the Marine Corps, but all 
others must be examined and no person under twenty-one years or 



686 THE AMERICAN GOVERNMENT. 

over twenty-seven years of age can be appointed to a commission in 
the Marine Corps nor until his qualifications have been approved by 
the Secretary of the Navy. The provision of law in this respect is 
somewhat different from that relating to the medical and pay corps 
for the reason that no person can be appointed to either of those corps 
unless their qualifications have been approved by appropriate boards 
of officers of the corps. No such limitation is, however, placed on 
the Secretary of the Navy by the terms of the law relating to appoint- 
ments to the Marine Corps, and in the discretion of the Secretary 
the requirements of an examining board of the Marine Corps may 
be waived and an appointment made even though the candidate has 
not passed a satisfactory examination. 

Besides persons from civil life non-commissioned officers of the 
Marine Corps who may be recommended by their commanding offi- 
cers and who are able to pass an examination may be appointed and 
their selection is given preference as a matter of law to that of civil- 
ians. As a matter of practice, however, a very much larger propor- 
tion of civilians than of non-commissioned officers have been per- 
mitted to appear for the examination for entrance to the corps. The 
enlisted force of the Marine Corps consists of about 8,000 privates, 
with the appropriate number of non-commissioned officers. In addi- 
tion provision is made for a corps band which is stationed at Wash- 
ington and which is the official band of the President, The leader of 
the Marine Band is only by courtesy a military officer. He is given 
by law the pay and allowances of a First Lieutenant in the Marine 
Corps, but not the rank. He is not carried in the navy register and 
his official status is that of an enlisted man although his engagement 
is made the subject of special negotiation and he exercises practically 
all the powers and prerogatives of a commissioned officer. The sec- 
ond leader of the band and the members are paid in accordance with 
a scale of wages fixed by law, the former receiving $75 a month, 
first class musicians $60 a month and second class musicians $50 a 
month. They receive, however, no increase of pay for length of ser- 
vice. They also receive additional compensation of $4.00 a month 
for semi-weekly cencerts which are given through the summer in the 
Capitol grounds or the grounds of the White House. In addition 
to the foregoing the members of the band are allowed to take such 



THE AMERICAN GOVERNMENT. 687 

outside engagements as they may be able to secure, and retain the 
compensation thus received for their own benefit. It is, of course, 
the object to maintain a band of adequate artistic ability in Wash- 
ington, and this could only be done if the members secured a larger 
sum than that indicated by the pay represented by the foregoing 
statement. They have, therefore, been accustomed to receive from 
outside engagements considerable amounts which have been de- 
creased of late years by the fact that the labor unions in Washington 
entered upon a campaign to prevent the members of the Marine Band 
from securing outside engagements. This movement has been so far 
successful as to render it difficult for the members to receive an ade- 
quate compensation and it has been found necessary to allow the band 
to make exhibition trips and to give concerts elsewhere than in 
Washington in order that the standard of the President's band might 
be maintained. 

The arrangement for the discipline and maintenance of the Marine 
Corps are substantially the same as those of the army, and the officers 
of the marine corps are on the same footing as army officers, the 
major part of the legislation applying to the latter also applying to 
the officers of the marine corps. No commutation is, however, paid 
to the officers of the marine corps for forage. When marines are 
serving on board ship, they receive the navy rations, and when on 
shore they receive the army rations, except that when it is more 
expensive to furnish the army ration on shore duty, the navy ration 
may be furnished. 

The service contemplated for the Marine Corps by law is a varied 
one, and the President, under the statutes, may designate detach- 
ments either for service on board vessels of the navy or duty as 
landsmen on naval vessels, or for service in the forts and garrisons 
of the United States. No officer of the Marine Corps can, how- 
ever, exercise any command over a vessel or navy yard of the 
United States, but only over the officers and men of the Marine 
Corps who may be stationed there under his command, and over the 
premises immediately occupied by the personnel of the Marine Corps 
at a navy yard. The latter command, however, is not exclusive 
and is exercised under the general direction and orders of the com- 
mandant of the yard or station who is a naval officer. Effort is 



688 THE AMERICAN GOVERNMENT. ' 

made not to place an officer of the marine corps of superior relative 
rank under the direction of a commanding officer who is his in- 
ferior, but it sometimes occurs that in the absence of the senior naval 
officer at a given point, a junior naval officer may come into com- 
mand who is also the junior of the marine officer, in which case the 
easiest solution of the situation is for the marine officer to be in- 
disposed or to absent himself temporarily from military command. 

The marine guard on board a vessel of war, such guard being 
graduated in numerical strength and in accordance with the im- 
portance of the vessel, parade on ceremonial occasions, do sentry 
duty at the different posts which are established at the magazines 
and other important points, act as orderlies to the Captain and 
operate the machine guns and direct rifle fire from the military tops 
in action. The theory of the marine guard is also as an offensive 
force in aid of the officers of the ship against the crew. This theory, 
however, is antiquated and is a reminiscence only of the old days 
of the pressed seamanship. This aspect of the work of the marine 
corps might be well abolished, and the duties on board the vessels 
of war undertaken by blue jackets, as is the case now in all navies 
except that of the United States and England. ' 

At the different navy yards the marines act as watchmen and 
sentinels, but the marine establishments at such yards are chiefly 
tarracks of detention and instruction for recruits and depots for the 
marines between the times when they are assigned to duty upon 
naval vessels. The work of guarding the naval prisoners of the 
United States is also performed by the Marine Corps, and the 
prisoners at Charlestown, Massachusetts, and Portsmouth, New 
Hampshire, are under the charge of detachments of the Marine 
Corps. 

The Marine Corps is at all times under the regulations for the 
government of the navy, except when they are detached for service 
with the army, when they come under the army regulations. 
Marines on board ship may qualify as heavy gun pointers, in 
addition to their duties in connection with the machine guns, and 
when they so qualify, they receive extra pay in the same amount 
as blue jackets. As the personnel of the Marine Corps is necessarily 
split up into detachments of comparatively small size, it is not 



THE AMERICAN GOVERNMENT. 689 

possible to maintain any regular regimental or company or battalion 
organization, but such organizations are effected as from time to 
time the nature of the service performed seems to require. A marine 
guard of a vessel at no time would exceed the command of the 
Captain of Marines, and higher officers are assigned to the command 
of shore stations, although it is rare that an organization as high 
numerically as a regiment is effected at such points. When con- 
siderable numbers of marines are mobilized, however, they are quick- 
ly amalgamated ' into battalion or regimental organization as the 
service of the enlisted men in all forms of infantry organization, 
makes them very readily arranged in the larger formations, and 
very handy and efficient in all their work. 

During the past year, marines have been doing duty at posts and 
on board ships in commission as follows : 

In the United States. — Headquarters United States Marine Corps ; 
assistant quartermaster's office, Philadelphia, Pa., assistant adjutant 
and inspector's office, assistant quartermaster's office, and assistant 
paymaster's office, Berkeley, Cal., Annapolis, Md., Boston, Mass., 
New York, N. Y., Charleston, S. C, Dry Tortugas, Fla., Key West, 
Fla., Pensacola, Fla., lona Island, N. Y., League Island, Pa., Mare 
Island, Cal., Naval Home, Philadelphia, Pa., Naval Hospital, Nor- 
folk, Va., Narragansett Bay, R. I., New Orleans, La., navy yard, 
Washington, D. C, Norfolk, Va., Port Royal, S. C, Portsmouth, 
N. H., Puget Sound, Wash., Naval Training Station, San Francisco, 
Cal., Sitka, Alaska, and Washington, D. C. 

In the West Indies. — Culebra, P. R., San Juan, P. R., Guanta- 
namo, Cuba, and Camp Columbia, Havana, Cuba. 

On the Isthmus of Panama. — Camp Elliott, Isthmian Canal Zone, 

In the Ladrone Islands. — Guam, L. I. 

In the Hawaiian Islands. — Honolulu, Hawaii. 

In the Pacific. — Midway Islands. 

In Japan. — ^United States Naval Hospital, Yokohama. 

In C/zwa.— United States Legation Guard, Peking. 

In the Philippine /.y/anrf.?.— Assistant adjutant and inspector's of- 
fice, assistant quartermaster's office, assistant paymaster's office, and 



690 THE AMERICAN GOVERNMENT. 

Headquarters First Brigade of Marines, Manila, P. L, marine bar- 
racks, Cavite, P. I., marine barracks, Polloc, P. I., and marine bar- 
racks, Olongapo, P. I. 

On board ships in commission. — Receiving ships : Franklin, Han- 
cock, Hartford, Independence, Lancaster, Pensacola, Philadelphia, 
Southery, Wabash. 

Cruising ships : Alabama, California, Charleston, Chattanooga, 
Chicago, Cincinnati, Colorado, Connecticut, Dolphin, Dubuque, Gal- 
veston, Georgia, Helena, Illinois, Kansas, Kearsarge, Kentucky, 
Louisiana, Maine, Maryland, Mayiiozver, Milwaukee, Minnesota, 
Missouri, Mohican, Nebraska, New lersey, Ohio, Paducah, Penn- 
sylvania, Rainbow, Rhode Island, St. Louis, Tennessee, Vermont, 
Virginia, Washington, West Virginia, Wilmington, Wolverine. 

Recruiting ofUces. — Districts of Buffalo, Connecticut, Georgia, 
Illinois, Indiana, Maryland, Massachusetts, Michigan, Minnesota, 
Missouri, New York, northern Ohio, southern Ohio, Pennsylvania, 
and Pittsburg. 

Enlisted 
Officers, men. 
On shore duty within the territorial limits of the 

United States 123 3,210 

On shore duty outside the territorial limits of the 

United States 99 2,567 

On board ships in commission 55 2,224 

277 8,001 
Undergoing imprisonment with sentence of dishonor- 
able discharge 123 

8,124 

Number of officers allowed by law 280 

Number of enlisted men allowed by law 8,771 



THE AMERICAN GOVERNMENT. 



691 



LIST OF SHIPS OF THE UNITED STATES NAVY 
ACCORDING TO RATES. 





FIRST RATE. 




Name of Vessel. 


Name of Vessel. 


Name of Vessel. 


Name of Vessel. 


Alabama 


Indiana 


Milwaukee 


Pennsylvania 


Brooklyn 


Iowa 


Missouri 


St. Louis 


California 


Kearsage 


Mississippi 


vSouth Carolina 


Charleston 


Kentucky 


New Hampshire 


South Dakota 


Connecticut 


Maine 


New York 


Tennessee 


Colorado 


Maryland 


North Carolina 


Washington 


Georgia 


Massachusetts 


Ohio 


West Virginia 


Idaho 


Michigan 


Oregon 


Wisconsin 


Illinois 


Montana 







SECOND RATE. 



Baltimore 

Buffalo 

Chicago 

Columbia 

Dixie 



Minneapolis 
Monadnock 
Monterey 
Newark 



Olympia 
Prairie 
Puritan 
Rainbow 



San Francisco 
Supply 
Texas 
Yankee 





THIRD RATE. 




Abarenda 


Chester 


Iris 


New Orleans 


Adams 


Cincinnati 


Isla de Cuba 


Newport 


Ajax 


Cleveland 


Isla de Luzon 


Paducah 


Albany 


Concord 


Katahdin 


Princeton 


Alert 


Denver 


Lawton 


Raleigh 


Alexander 


Des Moines 


Leonidas 


Ranger 


Amphitrite 


Detroit 


Machias 


Relief 


Annapolis 


Dolphin 


Manila 


vSalem 


Arethusa 


Don Juan de 


Marblehead 


Saturn 


Arkansas 


Austria 


Marcellus 


Solace 


Atlanta 


Dubuque 


Mayflower 


Sterling 


Bennington 


Essex 


Miantonomoh 


Tacoma 


Birmingham 


Florida 


Mohican 


Terror 


Boston 


Galveston 


Montgomery 


Topeka 


Brutus 


Glacier 


Nanshan 


Vicksburg 


Ca;sar 


Hannibal 


Nashville 


Wilmington 


Castine 


Hartford 


Nero 


Wyoming 


Celtic 


Helena 


Nevada 


Yorktown 


Chattanooga 











FOURTH RATE. 




Aileen 


Hawk 


Pampanga 


.Shearwater 


Alvarado 


Hist 


Panay 


Siren 


Arayat 


Hornet 


Paragua 


Stranger 


Bancroft 


Huntress 


Peoria 


Sylph 


Calamianes 


Inca 


Petrel 


Sylvia 


Callao 


Justin 


Pinta 


Vesuvius 


Dorothea 


Lebanon 


Pompey 


Villalobos 


Eagle 


Leyte 


Quiros 


Vixen 


Elcano 


Marietta 


Restless 


Wasp 


Elfrida 


Mariveles 


Samar 


Wheeling 


Frolic 


Mindoro 


Sandoval 


Wolverine 


General Alava 


Oneida 


Scorpion 


Yankton 


Gloucester 









692 THE AMERICAN GOVERNMENT. 



CHAPTER XIV. 

THE INTERIOR DEPARTMENT. 

The Interior Department was the first of the new departments 
to be established as the result of the expansion and growth of the 
United States. While the Navy Department was not included in 
the original constitution of the executive Government, and was 
separated from the War Department shortly after the Federal Gov- 
ernment had been inaugurated, it was not until 1849 that another was 
added to the executive departments of the government. In the earlier 
years, all functions relating to the interior administration of the 
United States were exercised by the State Department, including 
the commissioning of all the officials. As matters relating to the 
ministrations of the public lands of the United States and of Indian 
Afifairs became more pressing, these, together with territorial ad- 
ministration, were placed under the direction of a new department, 
-and the commissions for the various officials of the government were 
placed under the jurisdiction of the department to which they re- 
spectively pertained. 

The Interior Department is also the first of the departments 
under which several widely differing activities, have been collected. 
Each of the originally constituted depai'tments had a specific and 
well-defined function to perform, but the Interior Department, as 
was the case with the Department of Commerce at a later date, 
was given the control and oversight over various activities of the 
Government which had sprung up, and which could not be appro- 
priately assigned to either of the existing departments. The ad- 
ministration of the public lands of the United States and of Indian 
aflfairs are partly though remotely connected, but they are widely 
separated from the activities of the patent office, and only incident- 
ally connected with the pension office, and the work of the Bureau 
of Education, or with the Census Office, which was formerly under 
the Department of the Interior, but which is now under the Depart- 
ment of Commerce and Labor. 



THE AMERICAN GOVERNMENT. 693 

Larg^ely because of this somewhat disconnected series of functions 
exercised by the Department of the Interior, the head of the Interior 
Department is rather a court of last resort in administrative matters 
than a direct administrative officer. Owing- to the importance 
of matters relating to the public lands, the Secretary of the In- 
terior has been more closely in touch with these matters than those 
of the other bureaus or divisions of his department, and he might 
not incorrectly be described as the secretary of public lands, with 
supervisory functions with relation to the number of other govern- 
m.ental bureaus of a semi-independent character. 

With the exception of the narrow fringe along the Atlantic Coast, 
included within the domain of the original thirteen states, the North 
American continent has been parceled out in accordance with a sys- 
tem which is now in effect under the direction of the Department of 
the Interior, and which is, comparatively speaking, about coming to 
a close, as the amount of public land unoccupied and undivided to 
private owners steadily diminishes and will within an appreciable 
time be entirely allotted. Originally held under the terms of the 
grants to the different colonies, and transferred to a large extent by 
such colonies when they became States of the Federal Government, 
the public lands of the United States were largely added to by the 
Louisiana Purchase and by the discoveries and determination of 
boundaries which have finally established the United States in its 
present geographical form. 

GENERAL LAND OFFICE. 

Matters relating to the public lands of the United States are ad- 
ministered under the direction of the Secretary of the Interior by 
the General Land Office, at the head of which is a Commissioner, ap- 
pointed by the President, by and with the advice and consent of the 
Senate, who receives $5,000 a year and who is assisted by an Assist- 
ant Commissioner, similarly appointed, who receives $3,500 a year. 
The duties of these officials consist in the general direction of the 
operation of the Land Offices situated in States in which there are 
public lands, and there is also in the General Land Office a Recorder, 
who has charge of recording the titles to lands granted to private 
individuals and who is also appointed by the President by and with 



694 THE AMERICAN GOVERNMENT. 

the advice and consent of the Senate, and receives $2,000 a year. 
All lands sold or granted by the United States must be evidenced by 
a patent, accurately describing the lands so sold or granted, and 
signed by the President. In order to relieve the President of the 
work of signing such patents, it is provided by law that he may 
designate a clerk in the General Land Office who may sign his name 
to such patents, and who receives $1,200.00 a year for the service. 
An assistant clerk for such service may also be appointed to bring up 
the arrears of the work. 

As the United States itself can use but a very small portion of the 
lands which have become, in the various ways before suggested, the 
property of the Federal Government, it has been the historical policy 
of the United States to convey such lands into the hands of small 
holders, in order that they might be developed and indirectly add to 
the revenue-raising possibilities of the United States, through an 
increase of population, consuming articles upon which direct taxes 
are fixed, and it was only in the earlier days of the United States 
that the revenues from public lands were materially counted upon as 
a source of revenue to meet governmental expenses. Under the 
earlier system, large tracts of wild land were sold to speculators, but 
this method was shortly abandoned in favor of the policy which has 
continued, of encouraging the settlement of small holders and farm- 
ers, who should themselves actually develop the land, and create 
homesteads thereon. 

In order that there might be no confusion of lines when such small 
holdings were granted, it became necessary to provide for an accu- 
rate survey of the public lands, and the result is the exact delinea- 
tion of the Western States into right-angled subdivisions, the unit 
of which is a quarter section of 160 acres. For the purpose of direct- 
ing this survey, the Congress provided for the appointment of a 
surveyor general in each state in which there were considerable 
quantities of public lands. Such surveyors general were appointed 
by the President, by and with the consent and advice of the Senate, 
and received salaries in proportion to the duties to be performed. 
When the survey of the public lands within a state was completed, 
the results became the basis of the sale and allotment of public lands 
throughout the domain of the United States. The surveyor general 



THE AMERICAN GOVERNMENT. 69S 

is authorized to procure the survey of the public lands within his 
district by deputy surveyors, at prices which are fixed in accordance 
with the difficulties to be met in the work of surveying and such 
deputy surveyors are required to perform their duties under oath, 
and with heavy penalties imposed if they return a false measure- 
ment or delineation. 

The surveys thus made constitute the basis of the plats and maps 
issued by the General Land Office and from which purchasers of 
public land secure information as to the warrants of the public land 
which have not yet been disposed of. A prime consideration of 
acquisition of the agricultural lands of the United States is that the 
person who is to secure such lands shall have resided upon them and 
improved them for a term of years. Under the present homestead 
system, a person who desires to secure a homestead may by effect 
actual residence and occupation for a term of years and paying the 
fees fixed by the Land Office secure final title to the land on which 
he has resided. The most desirable, agriculturally, of the lands in the 
public domain available for homestead entry are now occupied and 
the current entries of land have to do with desert lands which may 
become valuable as the result of reclamation enterprises, or of lands 
which have previously been reserved from homestead entry. 

The homestead laws secure to qualified persons the right to settle upon, 
enter, and acquire title to not exceeding one quarter section, or 160 acres, 
of public land, by establishing and maintaining residence thereon and im- 
proving and cultivating the land for the continuous period of five years. 

A homestead entryman must be the head of a family or a person who has 
arrived at the age of 21 years, and a citizen of the United States, or one 
who has filed his declaration of intention to become such, as required by the 
naturalization laws. 

Applicants to make homestead entries are restricted to "unappropriated pub- 
lic lands." 

All applications for homestead entry must be filed in the local ofEce of the 
land district in which the land applied for is located, accompanied by the 
legal fee and commission in each case and the proper affidavits made by the 
homestead applicant. 

The required affidavits must be made before the register or receiver or 
any United States commissioner or commissioner of the court exercising 
Federal jurisdiction in the Territory or before the judge or clerk of any 
court of record in the land district in which the lands are situated. 

In case affidavits are taken out of the country in which the land applied 



696 THE AMERICAN GOVERNMENT. 

for is located, the applicant must show, by affidavit satisfactory to the Com- 
missioner of the General Land Office, that the same were taken before the 
nearest or most accessible officer qualified to take the same in the land dis- 
trict in which the land applied for is located. 

A person in active service in the Army or Navy of the United States., 
whose family or some member thereof is residing on the land which he 
wishes to enter, and upon which bona fide settlement and improvement have 
been made, may, by special enactment, make the affidavit required by law 
before the officer commanding in the branch of service in which the applicant 
is engaged. 

. Where a wife has been divorced from her husband or deserted, so that 
she is dependent upon her own resources for support, she can make home- 
stead entry. 

Where an unmarried woman settles upon a tract of public land, thereafter 
marries before making entry, she does not, on account of her marriage, for- 
feit her right to receive patent for the land, unless she leaves the land or her 
husband is an entryman. 

To obtain a homestead, the party should select and personally examine the 
land and be satisfied of its character and true description. 

He must file an application, stating his name, residence, and post-office- 
address, and describing the land he desires to enter and make affidavit that 
he is not the proprietor of more than i6o acres of land in any State or Ter- 
ritory; that he is a citizen of the United States, or that he has filed his. 
declaration of intention to become such, and that he is the head of a family, 
or over 21 years of age, as the case may be; that his application is honestly 
and in good faith made for the purpose of actual settlement and cultivation, 
and not for the benefit of any other person, persons, or corporation, and that 
he will faithfully and honestly endeavor to comply with all the requirements- 
of laws as to settlement, residence, and cultivation necessary to acquire title 
to the land applied for; that he is not acting as agent of any person, corpor- 
ation, or syndicate in making such entry, nor in collusion with any person, 
corporation, or syndicate to give them the benefit of the land entered, or any 
part thereof, or the timber thereon; that he does not apply to enter the same 
for the purpose of speculation, but in good faith, to obtain a home for him- 
self, and that he has not, directly or indirectly, made and will not make any 
agreement or contract in any way or manner, with any person or persons^ 
corporation or syndicate whatsoever, by which the title which he might- 
acquire from the Government of the United States should inure, in whole- 
or in part, to the benefit of any person except himself; and, further, that 
since August 30, 1890, he has not acquired title to, nor is he claiming, under 
any of the agricultural pubHc land laws, an amount of land which, together 
with the land he is seeking to enter, will exceed in the aggregate 320 acres,, 
and that he has not theretofore had the benefit of the homestead laws. 

On compliance by the party with the foregoing requirements, the receiver 
will issue his receipt for the fee and that part of the commissions paid, su 



THE AMERICAN GOVERNMENT. 697 

duplicate of which he will deliver to the party. The matter will then be 
entered on the records of the district oflfice and reported to the General 
Land Oflfice. 

A homestead settler on unsurveyed public land not yet open to entry must 
make entry within three months after the filing of the township plat of sur- 
vey in the district land oflfice. 

In cases of simultaneous applications to enter the same tract of land under 
the homestead laws, the rule is as follows : 

First. Where neither party has improvements on the land the right of entry 
is awarded to the highest bidder. 

Second. Where one has actual settlement and improvement and the other 
has not, it is awarded to the actual settler. 

Third. Where both allege settlement and improvements, an investigation 
must be had and the right of entry awarded to the one who shows prior 
actual settlement and substantial improvements, so as to be notice on the 
ground to any competitor. 

The settler must, within six months after making his entry, establish his 
actual residence in a house upon the land, and must reside upon and cultivate 
the land continuously in accordance with law for the term of five years. 
Occasional visits to the land once in six months or oftener do not constitute 
residence. The homestead party must actually inhabit the land and make 
it the home of himself and family, as well as improve and cultivate it. 

At the expiration of five years, or within two years thereafter, he may 
make proof of his compliance with law by residence, improvement, and cul- 
tivation for the full period required, and must show that the land has not 
been alienated except as provided by the Revised Statutes. 

A settler desiring to make final proof must file with the register of the 
proper land oflfice a written notice, in the prescribed form, of his intention 
to do so, which notice will be published by the register in a newspaper, to 
be by him designated as nearest the land, once a week for five successive 
weeks, at the applicant's expense. Proof must be completed and filed in the 
local oflfice within the statutory period of seven years from date of entry. 

Proofs can only be made by the homestead claimant in person, and can 
not be made by an agent, attorney, assignee, or other person, except that in 
case of the death of the entryman proof can be made by the statutory suc- 
cessor to the homestead right, in the manner provided by law. 

The rights of a homestead claimant who has become insane may, under 
act of June 8, 1880, be proved up and his claim perfected by any person duly 
authorized to act for him during his disability. 

There are three laws providing for leaves of absence in certain cases, thai 
which provides generally for cases of destruction or failure of crops, sickness, 
or other unavoidable casualty rendering the settler unable to support himself 
or persons dependent on him upon the land ; that providing for the special 
case of the devastation by grasshoppers; and that providing for the relief 
of homestead settlers who suflFered from the forest fires which prevailed in 



69« THE AMERICAN GOVERNMENT. 

northern Wisconsin, Minnesota, and Michigan during the summer and au- 
tumn of 1894. 

No lands acquired under the provisions of the homestead laws are liable 
for the satisfaction of any debt contracted prior to the issue of patent. 

The sale of a homestead claim by the settler to another party before be- 
coming entitled to a patent vests no title or equities in the purchaser as. 
against the United States. In making final proof, the settler is by law re- 
quired to swear that no part of the land has been alienated except for church, 
cemetery, or school purposes, or the right of way of railroads, canals, or 
ditches for irrigation or drainage across it. 

As the law allows but one homestead privilege (sec. 2298, Rev. Stat. ; Ap- 
pendix No. i) a settler relinquishing or abandoning his claim can not there- 
after make a second entry, although where the entry is canceled as invalid 
for some reason other than abandonment, and not the willful act of the party, 
he is not thereby debarred from entering again if in other respects entitled. 

A person possessing the requisite qualifications under the homestead law 
(not having exhausted his right by previous entry thereunder), owning and 
residing on land not amounting in quantity to a quarter section, may enter 
other land lying contiguous to his own to an amount which shall not, with 
the land already owned by him, exceed in the aggregate 160 acres. 

For the purpose of facilitating the entry, of lands, and of the 
receipt of the amount of money to be paid in purchases, the public 
lands are divided into land districts, located in each of which is 
the office of a register and a receiver of public moneys. These 
ofiicials are appointed by the President, by and with the advice and 
consent of the Senate and receive a salary of $500.00 a year, with 
the following fees and commissions. They are required to reside 
at the place where the land office for the district is kept as required 
by law, and must give a bond of $10,000.00 each. They are not 
allowed to receive from salary and fees amounts of more than 
$3,000.00 each as compensation per year. The expenses of their 
offices are paid out of the public funds, on the authorization of the 
Commissioner of the General Land Office. 

Registers and receivers, in addition to their salaries, are allowed the fol- 
lowing fees and commissions, namely : 

First. A fee of one dollar for each declaratory statement filed and for 
services in acting on pre-emption claims. 

Second. A fee of one dollar to the register for giving notice of the can- 
cellation of any pre-emption, homestead, or timber culture entry, to be paid 
by the contestant and not to be reported. 

Third. A commission of one per centum on all moneys received at each 
receiver's office. 



THE AMERICAN GOVERNMENT. 699 

Fourth. A commission of one per centum on the cost price, as fixed by 
law, of the land applied for, to be paid by the homestead applicant ; and a 
like commission when the claim is finally established and the certificate is- 
sued as the basis of a patent. 

Fifth. The same fees and compensation for final proof in timber culture 
entries as allowed in homestead entries, and the same commissions as allowed 
when the like quantity of land is entered with money. 

Sixth. For locating military bounty-land warrants, issued since the elev- 
enth day of February, eighteen hundred and forty-seven, and for locating 
agricultural-college land-scrip, the same commission to be paid by the holder 
or assignee of each warrant or scrip, as is allowed for sales of the public 
lands for cash, at the rate of one dollar and twenty-five cents per acre. 

Seventh. A fee in donation cases of two dollars and fifty cents for each 
final certificate for one hundred and sixty acres of land, five dollars for three 
hundred and twenty acres, and seven dollars and fifty cents for six hundred 
and forty acres. 

Eighth. In the location of lands by States and corporations under grants 
from Congress for railroads and other purposes (except for agricultural 
colleges), a fee of one dollar for each final location of one hundred and 
sixty acres ; to be paid by the State or corporation making such location. 

Ninth. A fee of five dollars per diem for superintending public land sales 
at their respective offices. 

Tenth. A fee of five dollars for filing and acting on each application for 
patent or adverse claim filed for mineral lands, and a like fee for filing and 
acting on timber and stone applications, to be paid by the respective parties. 

Eleventh. Registers and receivers are allowed, jointly, at the rate of fif- 
teen cents per hundred words for testimony reduced by them to writing for 
claimants, in establishing pre-emption and homestead rights. 

Twelfth. A like fee as provided in the preceding subdivision when such 
writing is done in the land office, in establishing claims for mineral lands. 

Thirteenth. Registers and Receivers are allowed jointly a fee of five dol- 
lars in homestead entries when the entry is not more than eighty acres, and 
ten dollars when the entry is for more than eighty acres. 

Sec. 2886. Registers and receivers are, in addition to the other fees al- 
lowed by law, entitled to charge and receive for making transcripts of the 
records in their offices for individuals, the sum of ten cents per one hundred 
words. 

The compensation of registers and receivers, including salary, fees, and 
commissions, can in no case exceed in the aggregate three thousand dollars 
a year. 

All fees collected by registers or receivers, from any source whatever, 
which would increase their salaries beyond three thousand dollars each a 
year, are to be covered into the Treasury, except only so much as may be 



700 THE AMERICAN GOVERNMENT. 

necessary to pay the actual cost of clerical services employed exclusively in 
contested cases; and they must make report quarterly, under oath, of all 
expenditures for such clerical services. 

Registers and receivers at land offices are appointed for four 
years, but are removable at pleasure. Land districts are established 
in accordance with the amount of public land in a given state, and 
when the amount of public lands has been reduced to less than 
100,000 acres, the land district is abolished or consolidated with 
another district, except that a land district the office of which is in' 
the capital city or town of the state may be continued so long as is 
necessary to complete the transactions relative to the disposition of 
the lands in the state in question. 

Registers and receivers are required to keep on hand and to fur- 
nish on application plats or diagrams of townships in their respec- 
tive districts, showing what lands are vacant and what lands taken, 
and are also required to furnish the state and territorial officers in- 
formation as to lands which may be sold and thus become subject 
to taxation by the state or territory. Registers of land offices re- 
ceive the applications of intending purchasers of public lands, to- 
gether with the necessary proof of occupancy by homesteaders or 
compliance with the requirements for the acquisition of the dif- 
ferent classes of land. In cases of contest as to priority of regis- 
tration for the privilege of purchasing land the registers have the 
power to grant hearings and to examine witness on subjects ger- 
mane to the ii]quiry in hand. Upon full compliance with the re- 
quirem.ents for the purchase of portions of the public domain, the 
receiver of the land office in question takes the amount of money 
involved, giving a receipt for the same, and the entire transaction is 
referred to the General Land Office for ratification and for the 
preparation of the patent which evidences the title of the purchaser 
to the land. Considerable grants have been made by the United 
States of public lands for specific purposes. Thus, grants have been 
made to states for the maintenance of agricultural and mechanical 
colleges, and, under general laws, military service, especially in the 
earlier wars of the United States, has been compensated by grants 
of lands, such grants being evidenced by a scrip or certificate issued 
to the beneficiaries in advance of the actual location of the land. 



THE AMERICAN GOVERNMENT. 701, 

In addition to the regular grant of land, rights have been given to 
soldiers and sailors of the United States regarding the preemption 
or homesteading of public lands, and in the latter case the period 
spent in the service of the United States is deducted from the period 
of residence required on the land before the terms of the preemption 
law can be taken advantage of. 

Timber lands and mineral lands, especially such as contain 
coal veins, have been reserved by the United States from the general 
preemption and sale, and these have been disposed of under special 
terms, to afford a proper return to the United States, for the value 
of the land as well as to secure the development of such lands by 
placing them in the hands of small holders, and requiring a certain 
of development as a condition to the purchase. There has been, 
during the last ten years, activity in acquiring all classes of the 
public lands, and it has been discovered within the last three or four 
years that many of the entries made and the payments made there- 
under were by persons who were acting for corporations, so that 
the latter have been able to secure possession of large tracts of 
land formerly belonging to the Government, in some cases securing 
mineral lands as agricultural lands, and in other cases securing by 
false affidavits and through "dummy entrymen," that is, persons 
who have no actual interest in the entries made, opportunity to 
purchase the public lands under conditions which are declared to be 
fraudulent to the Government and to other intending purchasers. 
A series of investigations covering many months has been carried 
on with the result that proceedings have been brought in several 
western states for the purpose of punishing fraudulent acquisition 
of public lands, and to restore the lands so acquired to the public 
domain. 

The standard value of land which has been sold by the United 
States as agricultural lands for development under the requirements 
of the various preemption and homestead acts has been $1.25 an 
acre, with a limit of 160 acres for each allotment. A statutory price 
of $5.00 per acre is fixed for mineral lands covering the territory 
included by the same, with a price of $2.50 per acre for a placer 
claim, while coal lands have been priced at $10.00 an acre for land 



702 THE AMERICAN GOVERNMENT. 

which is situated not less than 50 miles from a railroad and $20.00 
an acre when situated within fifteen miles of a railroad. 

In view of the approaching complete sale of all public lands avail- 
able for agricultural operations, various provisions have been made, 
designed to encourage persons to reclaim the arid districts of the 
West. Arid lands are defined by the statute as all lands exclusive 
of timber lands and mineral lands, which will not, without irrigation, 
produce some agricultural crop. It was primarily intended that 
such of these lands as could be reclaimed should receive irrigation 
as the result of private enterprise. To this end, legislation was 
effected, encouraging the different states, as well as private persons 
to engage in irrigation enterprises, and it was provided that upon 
payment of a fee of twenty-five tents an acre a citizen of the United 
States or a person who had declared his intention of becoming a 
citizen, could enter not to exceed 320 acres of desert land, upon 
the declaration that he intended within the three years next follow- 
ing to improve such land by connecting it with some system of 
irrigation. It was required of the entryman that he should take 
part in an irrigation project which should involve the expenditure of 
at least $3.00 per acre for the entire acreage which he had entered, 
such expenditure to be made at the rate of a dollar an acre a year for 
the following three years, and that one-eighth of the land should be 
put under cultivation. Upon fulfilling the requirements and paying 
the further sum of a dollar an acre, the title of such land would be 
vested in the entryman. 

It was found that many of the projects necessary for the irriga- 
tion of the arid lands were of such magnitude that they could not 
be undertaken by private persons, or even by states, and there arose 
questions relating to the jurisdiction over the water courses and the 
supplies of water available for irrigation. As the result of these 
considerations, the United States has entered upon a system of ir- 
rigation projects, the expense of which is to be borne by the pro- 
ceeds from the sale of irrigated lands, so that the future value of 
considerable portions of desert lands will be fixed by the cost of 
the work necessary to bring them into condition for agricultural 
operation. Timber and stone lands, that is lands which are valu- 



THE AMERICAN GOVERNMENT. 703 

able chiefly because of the timber and stone which may be removed 
from them, are held at $2.50 an acre, in either case, and provision is 
made for the punishment of persons who may remove timber or 
stone from public lands, and for the recovery of the value of the 
property stolen. 

The amount per acre stated as fixed by law for the purchase 
price of public lands is the minimum which can be charged 
for agricultural lands, $1.25 per acre, having been regarded for 
years as the lowest valuation for such lands. Under certain circum- 
stances, the Secretary of the Interior is empowered to place a high- 
er valuation on lands when offered either at public or private sale. 
The method of the distribution of lands, whether under the home- 
stead laws, to be acquired by actual settlers in return for five years 
of cultivation, or to be sold as directed by Congress, has varied, 
especially in later years when desirable lands upon which a value 
could be placed because of the fact that they were surrounded by 
improved lands were to be disposed of. A case in point was the 
public land in Oklahoma. Various devices were tried to secure 
an equitable distribution of this portion of the public domain. Pro- 
vision was made for sale at public auction ; for sale by an appraised 
value by the Secretary of the Interior ; for sale at a given sum to the 
first comers, and for sale to purchasers in an order determined by 
the drawing of lots. Neither of these methods was wholly without 
objectionable features, and the various provisions developed in the 
newly-opened countries a class of people who made their living by 
evasion of such regulations and who because they were able to se- 
cure allotments in advance of others, by more or less sharp practice, 
came to be known by the general term of "Sooners." 

At all times, however, the land in the public domain has been 
more valuable to persons who were in a position to develop it than 
the cash prices or equivalent considerations demanded by the Gov- 
ernment, so that there has been a steady pressure at all times for 
the opening up of new lands to the operation of the homestead and 
cash purchase laws. As the portions of the public domain thus 
coveted by settlers have been in most cases the hunting grounds of 
Indian tribes, it has been necessary in order to meet the demands 
for lands, to remove the Indians from point to point, such removal 



704 THE AMERICAN GOVERNMENT. 

constituting the chief factor in the Indian question, which is under 
the jurisdiction of another bureau of the Interior Department from 
that now being considered. 

As the ruHng theory with regard to the lands of the United States, 
was that they should be occupied and developed by individual set- 
tlers as soon as might be practicable, there was during the earlier 
history of the country a donation of lands to railroads for the pur- 
pose of aiding the building of such means of communication, which 
will probably seem to the future citizens of the United States as 
lavish and, perhaps, as unduly lavish. To encourage the building 
of such roads through territories which were sparsely populated, 
or unpopulated, alternate sections of the public land were granted 
along the railroad rights of way to be the property of the railroad 
companies. Upon the anticipation of amounts to be secured by the 
sale of such lands, railroad companies were able to raise necessary 
funds to build and equip the roads, and to operate them during the 
time that the country was still unproductive and unprofitable as a 
scene of railroad operation. The earlier of the grants were unlimited 
except as to requirements that roads should be built within a given 
time, but shortly after the period of the Civil War complaint was 
made of the freedom with which the public domain was being 
granted out, and thereafter such grants were limited with the proviso 
that sales should be made in small quantities oaly and to bona fide set- 
tlers at a fixed price. 

Besides the grants made to railroads, and to states for education- 
al purposes, considerable tracts of swamp lands and overflowed 
lands were donated in their entirety to the states in which they were 
located, to create a fund for the reclamation of the entire body of 
such lands, useless for agricultural purposes in their condition as 
held by the United States, the proceeds of the sale of such lands to 
be used by the states for the construction of levees and ditches, 
which would add the entire area to the amount of agriculturally pro- 
ductive land in the United States. 

With the exception of the railroad land grants, specific quan- 
tities or locations of land have not been granted, usually, but a 
credit established for the beneficiaries for the amount of 
land fixed by law, which credit was evidenced by warrants or 



THE AMERICAN GOVERNMENT. 70S 

scrip, so-called, and which could be applied instead of cash, 
to the purchase of lands by individuals under any of the pro- 
visions of law provided for the direct sale of public lands, or 
by entrymen under the homestead laws in the commutation of 
residence required to secure a title. The questions growing out 
of the conflicting locations and selection of lands and the neces- 
sity of withdrawal if certain lands were needed for the use of the 
United States, and other complications naturally arising in the ad- 
ministration of such a subject, have created a system of land laws, 
outside of and in addition to the real estate practice of the 
common law, and including many practices which will of course 
become obsolete as the surplus public land falls into private 
possession. At the present time, except for the forest reserves 
and arid lands, the administration of questions relating to the 
public lands of the United States by the Interior Department 
refer largely to the completion of the disposition of the allotment 
already inaugurated except that it is probable that considerable 
tracts will be restored to the public domain as the result of the 
litigation heretofore referred to, to secure the restoration of lands 
fraudulently entered and patented. There is in addition an in- 
teresting question now pending, whether the considerable bodies 
of land formerly granted to the railroads under restrictions as to 
their sale, and which have not been sold by the railroads, and 
which are now so valuable that the railroads will not sell them 
under the conditions imposed can be restored to the public 
domain and opened to homestead entry, or to purchase under 
appraisement by virtue of special provision of Congress, should 
such a recovery be found to be practicable. 

THE PENSION BUREAU. 

When one contemplates the comparative importance of the 
subdivision of the Government of the United States which has 
to do with the payment of military pensions, and especially when 
a realization is had of the amount of the public revenues which 
is redistributed in this form, there seems to be no consistent 
ground in favor of the proposition that republics are ungrateful. 



7o6 THE AMERICAN GOVERNMENT. 

One of the largest public buildings in Washington, housing a 
personnel which is larger than that of more than one of the 
executive departments, is devoted exclusively to the payment of 
monthly sums to persons who have earned the gratitude of the 
republic by service in her wars and to the descendants of such 
persons. Matters relative to the execution of the various pen- 
sions and bounty land laws are administered by the Commis- 
sioner of Pensions, who is appointed by the President by and 
with the advice and consent of the Senate and receives a salary 
of $5,000 a year. He is assisted by the First and Second Deputy 
Commissioners of Pensions, at $3,600 a year each, and who re- 
spectively are empowered to perform the duties of the Com- 
missioner in case of his absence or disability. 

The amount paid by the United States in the form of pensions 
constitutes two grand divisions, viz. : service pensions and in- 
valid pensions. In the former class, are the payments made to 
the survivors of the earlier wars of the United States, and in the 
latter, of the pensioners who suffered disabilities by reason of 
service in the Civil War. All pension payments originate in a class 
equivalent to that of the invalid pensions, but as time elapses and 
those who serve in the wars for which pension is paid grow older 
and more dependent, the character of the pension changes, and for 
many years service pensions without relation to disability incurred in 
the war were paid to Revolutionary soldiers, also to the soldiers of 
ihe war of 1812 and to their widows. Some few of the widows' pen- 
sions remain, though being rapidly extinguished, but additional ser- 
vice pensions have been provided for soldiers of the Mexican war and 
their widows, and of the Indian wars, including the various services 
up to the year 1856. Soldiers who incurred disabilities in such wars 
are entitled to pensions such as those provided under the head of in- 
valid pensions, but non-disabled soldiers of the same wars are also 
pensioned at $12 a month during their natural lives, and a similar 
pension is paid to widows of such soldiers who have not remarried. 
As the monthly rolls of these various wars have been destroyed, spe- 
cial provisions not applicable to later classes of invalid pensions have 
been made, so that a veteran of the wars prior to the Civil War may 



THE AMERICAN GOVERNMENT. 707 

establish proof of his pensionable standing by evidence of having 
received pay from the United States, or of having received of a land 
warrant, as the case may be. 

The very great proportion of the pension payments are of course 
based upon disabilities incurred during the service of the Civil War. 
No service pension for that war has yet been enacted by Congress, 
although its enactment is certain at a later date. However, a pro- 
vision for service pension is now on the statute book, although not 
technically a general service pension. An entering wedge for legis- 
lation under consideration was a provision some years since that a 
person who saw service in the Civil War should be pensionable upon 
showing disability to pursue the avocations of civil life, although he 
might not be able to show that his disability was the direct cause of 
a Civil War service. In the administration of this provision of law, 
it was made the guiding rule that when an applicant had reached a 
certain age, the fact of that age should be one of the proofs re- 
quired to establish the disability. In 1907 Congress affirmed this 
administrative practice, and provided that when a person who has 
seen ninety days' service in the military or naval arms of the United 
States during the Civil War or sixty days' service in the Mexican 
War, shall have reached sixty-two years of age, he shall be 
entitled to a pension of twelve dollars a month; to a pension of fif- 
teen dollars a month on reaching seventy years of age, and to a 
pension of twenty dollars a month when he reached the age of sev- 
enty-five and at that rate for the remainder of his natural life. As 
it is now more than forty-two years since the close of the Civil War, 
the operation of this provision will, within five years, make practi- 
cally all the soldiers and sailors of the Civil War who can show 
ninety days' service, pensionable at the rate mentioned. 

The following compilation gives the historical progress of the 
amount of pensions granted for various disabilities, and exhibiting 
the increase made under the various classes during the period since 
the Civil War. 

For the loss of the sight of both eyes : From July fourth, eighteen hundred 
and sixty-four, twenty-five dollars; from June fourth, eighteen hundred and 
seventy-two, thirty-one dollars and twenty-five cents ; from June fourth, 
eighteen hundred and seventy-four, fifty dollars; from June seventeenth, 
eighteen hundred and seventy-eight, seventy-two dollars; and from April 



7o8 THE AMERICAN GOVERNMENT. 

eighth, nineteen hundred and four, for the loss of the sight of both eyes, or 
total blindness, occurring from causes arising within the service of the United 
States, one hundred dollars. 

For the loss of the sight of one eye, the sight of the other having been 
previously lost: From June sixth, eighteen hundred and sixty-six, twenty- 
five dollars; from June fourth, eighteen hundred and seventy-two, thirty-one 
dollars and twenty-live cents; from June fourth, eighteen hundred and sev- 
enty-four, fifty dollars ; from June seventeenth, eighteen hundred and seventy- 
eight, seventy-two dollars ; and from April eighth, nineteen hundred and four, 
one hundred dollars. 

For the loss of both feet : From July fourth, eighteen hundred and sixty- 
four, twenty dollars ; from June fourth, eighteen hundred and seventy-two, 
thirty-one dollars and twenty-five cents ; from June fourth, eighteen hundred 
and seventy-four, fifty dollars; from June seventeenth, eighteen hundred and 
seventy-eight, seventy-two dollars ; from March second, nineteen hundred 
and three, one hundred dollars. 

For the loss of both hands : From July fourth, eighteen hundred and sixty- 
four, twenty-five dollars ; from June fourth, eighteen hundred and seventy 
two, thirty-one dollars and twenty-five cents ; from June fourth, eighteen 
hundred and seventy-four, fifty dollars ; from June seventeenth, eighteen 
hundred and seventy-eight, seventy-two dollars; from February twelfth, 
eighteen hundred and eighty-nine, one hundred dollars. 

For the loss of one hand and one foot : From March third, eighteen hun- 
dred and sixty-five, twenty dollars ; from June fourth, eighteen hundred and 
seventy-two, twenty-four dollars ; from February twenty-eight, eighteen hun- 
dred and seventy-seven, thirty-six dollars ; from March second, nineteen 
hundred and three, sixty dollars. 

For total disability in one hand and one foot : From June sixth, eighteen 
liundred and sixty-six, twenty dollars; from June fourth, eighteen hundred 
and seventy-two, twenty-four dollars ; from February twenty-eighth, eighteen 
hundred and seventy-seven, thirty-six dollars ; from March second, nineteen 
liundred and three, sixty dollars. 

For the loss of one hand or one foot : From June sixth, eighteen hundred 
and sixty-six, fifteen dollars; from June fourth, eighteen hundred and sev- 
enty-two, eighteen dollars ; from March third, eighteen hundred and eighty- 
three, twenty- four dollars ; from August fourth, eighteen hundred and eighty- 
six, thirty dollars ; from March second, nineteen hundred and three, forty 
dollars. 

For total and permanent disability in one hand or in one foot: From 
June sixth, eighteen hundred and sixty-six, fifteen dollars; from June 
fourth, eighteen hundred and seventy-two, eighteen dollars ; from March 
third, eighteen hundred and eighty-three, twenty-four dollars ; from August 
fourth, eighteen hundred and eighty-six, thirty dollars ; from March second, 
nineteen hundred and three, forty dollars. 

For disability causing incapacity to perform manual labor equivalent to the 



THE AMERICAN GOVERNMENT. 709 

loss of a hand or a foot : From June sixth, eighteen hundred and sixty-six, 
fifteen dollars ; from June fourth, eighteen hundred and seventy-two, eight- 
een dollars ; from March third, eighteen hundred and eighty-three, twenty- 
four dollars. 

For the loss of a leg above the knee and consequent disability to use arti- 
ficial limbs : From June fourth, eighteen hundred and seventy-two, twenty- 
four dollars; for the loss of an arm at the shoulder joint, or a leg at the 
hip joint, or so near the joint as to prevent the use of an artificial limb, 
from August fourth, eighteen hundred and eighty-six, forty-five dollars; for 
the loss of an arm at the shoulder joint, or a leg at the hip joint, or so near 
the shoulder or hip joint, or where the same is in such condition as to prevent 
the use of an artificial limb, from March second, nineteen hundred and three, 
fifty-five dollars. 

For the total and permanent disability of an arm or a leg : From August 
fourth, eighteen hundred and eighty-six, thirty-six dollars ; from March 
second, nineteen hundred and three, forty-six dollars. 

For total and permanent disability in both feet : From June sixth, eighteen 
hundred and sixty-six, twenty dollars ; from June fourth, eighteen hundred 
and seventy-two, thirty-one dollars and twenty-five cents. 

For total and permanent disability in both hands : From June sixth, eight- 
een hundred and sixty-six, twenty-five dollars ; from June fourth, eighteen 
hundred and seventy-two, thirty-one dollars and twenty-five cents. 

For total and permanent disability in both hands : From June sixth, eight- 
een hundred and sixty-six, twenty-five dollars ; from June fourth, eighteen 
hundred and seventy-two, thirty-one dollars and twenty-five cents. 

For the loss of an arm at or above the elbow, or a leg at or above the 
knee : From March third, eighteen hundred and eighty-three, thirty dollars ; 
from August fourth, eighteen hundred and eighty-six, thirty-six dollars; 
from March second, nineteen hundred and three, forty-six dollars; for the 
loss of a leg at the hip joint, from March third, eighteen hundred and sev- 
enty-nine, thirty-seven dollars and fifty cents ; for the loss of an arm at the 
shoulder joint, from March third, eighteen hundred and eighty-five, thirty- 
seven dollars and fifty cents. 

For the loss of the hearing of both ears : From June fourth, eighteen 
hundred and seventy-two, thirteen dollars ; from August twenty-seventh, 
eighteen hundred and eighty-eight, thirty dollars ; from January fifteenth, 
nineteen hundred and three, forty dollars. 

For partial deafness : From August twenty-seventh, eighteen hundred and 
eighty-eight, such proportion of thirty dollars as the Secretary of the In- 
terior may deem equitable, the amount paid to be determined by the degree 
of disability existing in each case. 

For such total and permanent disability as to cause utter helplessness, such 
as to require regular personal aid and attendance of another person : From 
June sixth, eighteen hundred and sixty-six, twenty-five dollars ; from June 
fourth, eighteen hundred and seventy-two, thirty-one dollars and twenty- 



710 THE AMERICAN GOVERNMENT. 

five cents ; from June fourth, eighteen hundred and seventy-four, fifty dollars ; 
from March fourth, eighteen hundred and ninety, or from the date of the 
certificate of the examining surgeon, or board of examining surgeons, show- 
ing such degree of disability, and made subsequent to said date last men- 
tioned, seventy-two dollars. 

For such disability as to cause incapacity for the performance of any 
manual labor, but not so much as to require regular personal aid and at- 
tendance: From June sixth, eighteen hundred and sixty-six, twenty dollars; 
from June fourth, eighteen hundred and seventy-two, twenty-four dollars; 
from March third, eighteen hundred and eighty-three, thirty dollars. 

For total incapacity for performing manual labor causing disability to such 
a degree as to require frequent and periodical, though not regular and con- 
stant, personal aid and attendance of another person: From the date of the 
certificate of the examining surgeon or board of examining surgeons show- 
ing such degree of disability, and made subsequent to the fourteenth of July, 
eighteen hundred and ninety-two, fifty dollars. 

There is also provision made for disability pensions, graded ac- 
cording to rank from $30.00 maximum for Lieut. Colonels, or 
equivalent officer, and higher, to $8.00 a month for an enlisted man. 
In case a person who has seen service in the Civil War dies and who 
is pensionable under one of the foregoing sections, his widow is en- 
titled to a pension of $12.00 a month, with $2.00 a month additional 
for each child under sixteen years of age. Upon the death of any 
soldier of the Civil War, his widow, if she is compelled to earn her 
living by manual labor, or has an income not exceeding $250.00 a 
year, or has minor children under the age of sixteen years, is entitled 
to a pension of $8.00 a month, with $2.00 a month extra for each 
minor child. Such pensions terminate, except as to the children, 
when the widow remarries. If the person entitled to pension by rea- 
son of his service, dies without leaving a widow or children, those 
who were dependent upon him for support, are entitled to be pen- 
sioned as dependent relatives, in the following order: First, the 
mother, then the father, then the orphan brothers or sisters, who may 
be under sixteen years of age. Dependent relatives of the Civil War 
arc naturally practically non-existent by reason of the limitation of 
time, as to new applications, although the payment of dependent 
relative pensions already granted will still continue for a few years. 
In order to secure a dependent relative's pension, it was necessary 
to establish the fact of the dependency upon the deceased soldier for 
support. 



THE AMERICAN GOVERNMENT. 711 

In addition to the foregoing, provision is made by statute for the 
pensioning of men of the Navy who have had twenty years service, 
and who are entitled on the expiration of that service to one-half the 
monthly rating at discharge. After ten years' service and upon dis- 
ability, a naval pension can be granted, but not exceeding the rate 
provided for by law for total disability, the rate to be paid being 
fixed by the Secretary of the Navy. Applications for pensions from 
the Naval Pension Fund must be made to the Secretary of the Navy, 
and preliminary correspondence relating thereto, together with the 
determination of the pension to be paid, are under the jurisdiction 
of the Chief of Bureau of Navigation, of the Navy Department. 
Other applications are addressed to the Commissioner of Pensions, 
and should set forth the company and regiment in which the service 
was had, the name of the commanding officer of the company or 
organization, and the date of enlistment and discharge, with a per- 
sonal description at enlistment. In Navy cases, the vessel upon 
which the claimant served should be stated. Further requirements 
of evidence in support of claim for pension are required if the records 
of the War or Navy Departments are not complete as to the service 
of the applicant. 

Applications are referred to one of the following divisions, of 
which the First Deputy Commissioner has supervision over the 
Eastern, Southern and old war Navy divisions, and the Second 
Deputy Commissioner over the Middle Division and the Western 
Division. 

Old war and navy division. — To have charge of the settlement of all 
claims for bounty land and for pension on account of service in wars prior 
to March 4, 1861 ; claims on account of service in the Regular Army and 
Navy; claims on account of service in the war with Spain and the insurrec- 
tion in the Philippine Islands ; and in all other general organizations not be- 
longing specially to any State or Territory. 

Eastern division. — To have charge of the settlement of all claims arising 
out of military service during the war of the rebellion in organizations from 
the several New England States, and from the States of New York, New 
Jersey, and Delaware. 

Middle division. — To have charge of the settlement of all claims on 
account of service in the war of the rebellion in organizations belonging to 
the States of Pennsylvania, Ohio, and Michigan. 

Western division. — To have charge of the settlement of claims on ac- 



712 THE AMERICAN GOVERNMENT. 

count of service in the war of the rebellion in organizations belonging to 
the States of Indiana, Illinois, Iowa, Wisconsin, Minnesota, Nebraska, Kan- 
sas, Nevada, Colorado, California, Oregon, Washington, North and South 
Dakota, Idaho, Utah, Montana, Wyoming, and the several Territories. 

Southern division. — To have charge of the settlement of claims arising 
out of military service during the war of the rebellion in organizations be- 
longing to the States of Maryland, Virginia, West Virginia, North and South 
Carolina, Florida, Georgia, Alabama, Mississippi, Louisiana, Texas, Ken- 
tucky, Tennessee, Missouri, Arkansas, the District of Columbia, and the sev- 
eral organizations of United States colored troops. 

Other divisions have charge of the various steps in the progress 
of an apphcation, including a division for recording the application 
and final files, the applications being separated into those which are 
admitted and those which have been abandoned by the applicants, no 
evidence having been filed for three years. 

For the determination of the physical condition of applicants 
boards of pension examiners are appointed from local physicians 
throughout the country who receive a fee of two dollars for each 
person examined if not more than five appear in one day and one dol- 
lar each for additional examinations on that day. The results of 
their examination are reviewed by medical reviewers in the Pension 
Bureau and a medical referee is provided who is the court of last 
resort and passes finally on disputed questions relating to physical 
condition and the effects of service. 

A Division of Special Examination is established, having charge 
of claims which require special examinations in the field. Such ex- 
amination is carried out by a corps of special examiners who receive 
from $1,200 to $1,500 a year, besides a per diem of $3 a day for 
each day in the year, and who are charged with the duty of exam- 
ining into the statements made by applicants for pensions, of verify- 
ing the evidence and of securing additional evidence, when deemed 
advisable, as well of investigating circumstances which indicate that 
a fraud is being attempted under the pension laws. When such 
fraud seems to have been committed either in the matter of furnishing 
false evidence, or in making false affidavits, the evidence necessary 
to convict such persons is placed in the hands of United States Dis- 
trict Attorneys for prosecution, the special examiners assisting such 
attorneys in arranging and presenting the evidence in the cases. 
The work of the special examiners takes them to all parts of the 



THE AMERICAN GOVERNMENT. 713 

United States, and the Division has charge of their movements and 
of auditing their expense accounts and all other details relative to 
the examination of pension matters in the field. 

Payments of pensions are made by pension agents, appointed by 
the President by and with the advice and consent of the Senate for 
four years and who receive four thousand dollars a year. Provision 
is made for the arrangement of the agencies in groups, one of which 
makes its payments in each month in the quarter. Pension agencies 
are given such territory to cover as may be practicable to be handled 
from one office and two agencies cannot be established in one State 
unless the payments made are more than five hundred thousand dol- 
lars a year. The office in Washington, D. C, besides handling pay- 
ments in contiguous territory, pays the foreign pensions, considerable 
amounts being paid to pensioners living abroad. Vouchers are pre- 
pared at the pension agencies quarterly and sent out to pensioners 
and upon their return properly executed before a competent official, 
checks for the amounts of pensions due are forwarded by mail to the 
beneficiaries, although the Commissioner of Pensions may require 
any pensioner to appear in person to receive his pension. 

The large proportion of the pension business in Washington is 
attended to on behalf of the claimants by attorneys, for whom a spe- 
cific fee is fixed of $10 for each case of original pension granted and 
$2 for each increase. For the convenience of attorneys practicing be- 
fore the Pension Bureau, a special room is provided and attorneys 
are allowed to examine the cases on file under certain conditions. 

THE COMMISSIONER OF INDIAN AFFAIRS. 

There has never been a time in the history of the United States 
when some question relating to the affairs of the Indians or aborig- 
inal inhabitants of this country was not under discussion and re- 
quiring delicate and skilful handling. In the inevitable conflict be- 
tween the Indians, who preferred to have large tracts of their ter- 
ritory remain unsettled, in order that they might pursue their no- 
madic and hunting lives, and the European settlers who came to this 
country anxious to establish homes and holdings of real estate to be 
highly developed, there was no possibility of a continuously peaceful 
joint tenancy of North America. That the Indians have been in 



714 THE AMERICAN GOVERNMENT. 

many instances treated with injustice is undoubtedly the fact, and 
from the nature of things such a result was inevitable. It is, how- 
ever, a matter of which arguments may be made on both sides, that, 
except for the evil results arising from the introduction of the vices 
of the white man, the condition of the Indian has been, if anything, 
throughout the history of the United States, superior to the exist- 
ence led by his predecessors in matters of personal comfort. The 
change necessitated from a roving life to living within a restricted 
area, and the acquisition of vices before referred to, have led to the 
extinction of many of the tribes, but those which have been able, in 
some degree, to accustom themselves to the manner of life of the 
white man, have not only survived but have amalgamated with the 
white race to a certain extent, and the pure Indians and their half- 
breed descendants, have, in a very large number of instances, at- 
tained considerable property and on the whole, judging from the 
position of the Indian race at the present time, have been treated 
with some degree of liberality, if not always with justice. 

It has been the consistent aim of the Federal Government to pro- 
vide as far as possible for the Indian wards of the Government and 
to protect them against the encroachments and inroads of the set- 
tlers ardently desirous of cultivating the land over which the In- 
dians roved and hunted, and which use according to the Anglo-Saxon 
mind conveyed no title or interest which the prospective agricultur- 
ists and developers were bound to recognize. By successive treaties 
the United States has endeavored to repay the Indian tribes for the 
lands from which they were removed in order to make room for 
settlers, and in the final event of the removal of the bulk of the 
eastern tribes to the Indian Territory, it was provided that members 
of the tribes should have legal rights in the land within the limits 
of that territory. As population surrounded the Indian Territory, 
and as oil and mineral deposits were developed by the white man 
which made the Indians' lands of very considerable value, arrange- 
ments were made by which the proceeds of the development of such 
lands should accrue to the Indians themselves, and when it became 
apparent that the best interests of the Indians would be subserved 
by the division of the land of the Territory, the United States un- 
dertook such allotment at the cost of much trouble and with the ex- 



THE AMERICAN GOVERNMENT. 7i5 

penditiire of much money. The members of the Five Civilized Tribes 
of Indians and others v/hich had been removed from east of the 
Mississippi to the Indian Territory, were enrolled under the direc- 
tion of a Commission, which took evidence intended to prevent un- 
authorized persons from being- registered as members of the tribe. 
To each of the persons lawfully enrolled on such lists an allotment 
was made of a portion of land in the Indian Territory, with a pro- 
vision of guardianship to minors, and of restriction of sale of the 
land for a term of years, and upon the completion of such allotment 
and of the removal of the restriction, the Indians affected will be no 
longer the wards of the nation, but will have no different standing 
from that of any other American-born citizens. The supervision of 
this allotment, together with the direction of the affairs of the In- 
dian tribes which have not yet come to the point where an allotment 
of land can safely be made to them, is under the Commissioner of 
Indian Affairs and the head of the Indian office of the Interior De- 
partment. The Commissioner is appointed by the President, by and 
with the advice and consent of the Senate, and receives a salary of 
$5,000 a year. He is assisted by an Assistant Commissioner at $3,000 
a year, and under the direction of the Secretary of the Interior and 
agreeably to such regulations as the President may prescribe, the 
Commissioner of Indian Affairs has the management of all Indian 
matters and all questions arising out of Indian relations. 

The chief duty of the Commissioner of Indian Affairs, previous to 
the adoption of the plan of allotment of lands, was in the matter of 
supervision of the agencies established for the purpose of supplying 
to th'e Indians the goods and supplies contemplated by treaty p^o^- 
visions for the support of Indians on the reservations. Agents are 
appointed by the President by and with the advice and consent of 
the Senate, for the superintendence of subdivisions of the land des- 
ignated as reservations within which the various Indian tribes shall 
live. The compensation of such agents is fixed by act of Congress, 
but in lieu of such regularly designated Indian agents, superintend- 
ents of Indian schools, or military officers, may be appointed as 
agents, in addition to their other duties, and as such receive no ad- 
ditional compensation. Agents are required to distribute to the In- 
dians under their charge the supplies and provisions purchased by 



7i6 THE AMERICAN GOVERNMENT. 

the appropriations made by Congress for the support of the various 
Indian tribes and to disburse to them the amounts which are directly- 
paid in consequence of treaty provisions. Agents are also required 
to see that no intrusion is made on the reservation on the part of 
unauthorized persons, and that the Indians are not injured in any 
way in persons or property. In order to see that abuses do not arise 
in the Indian Service, such abuses having at times caused serious 
losses and distress to the Indians, special agents are employed by the 
Indian Office who travel about among the reservations, inspecting 
the conduct of the business relating to the Indians, and the condi- 
tions of the wards of the Government, such agents being on salary 
with an allowance of $3.00 a day for subsistence, besides cost of 
transportation when in the field. Besides this inspection, there is a 
Board of Indian Commissioners, composed of not more than ten 
persons, appointed by the President, of men eminent for philanthropy 
who have a paid secretary, but otherwise serve without compensa- 
tion, and who have a general oversight of affairs relative to the 
Indians, being empowered to investigate all contracts, expenditures 
and accounts connected with the Indian service, and having access 
to all papers relating thereto. Agents of the Indian Service are also 
expected to supervise the agricultural and mechanical work which is 
undertaken at the different reservations for the benefit of the Indians 
and for the purpose of assisting and encouraging them in undertak- 
ing agriculture and other work for themselves. Carpenters, ma- 
chinists and other mechanics are paid out of the appropriations made 
by Congress to render service on the different reservations and -to 
instruct the Indians in the various branches of their work. 

Various payments for the benefit of the tribes under treaty obli- 
gations have been made into the Treasury of the United States, and 
other payments are provided by treaty to be made annually and are 
appropriated by the Congress. All payments under these various 
provisions are under the direction of the Secretary of Interior, al- 
though the Commissioner of Indian Affairs has active control and 
practical direction through his advisory capacity to the Secretary. 
It is the present policy of the Indian affairs of the United States to 
render the Indians self-supporting and to bring them out from their 
dependent condition as soon as practicable. To this end there have 



THE AMERICAN GOVERNMENT. 7i7 

for many years been maintained a system of schools for the educa- 
tion of the Indian children, some of the schools being day schools on 
the reservations and others boarding schools, to which children were 
moved from their homes in order, in part, to remove them from par- 
ental influence, which makes the progress of education more diffi- 
cult. For each of these schools, a staff is provided including a su- 
perintendent, matron, and teachers in educational branches and in 
the various branches of agriculture and mechanics, and although the 
system has been carried on under many difficulties, and with many 
discouragements, its beneficial effects are at the present time being 
substantially realized. 

Among other provisions that have been insisted upon by the 
United States for the protection of the Indians, is that the sale of 
liquor shall be prohibited wherever there are Indian wards, and to 
such dependents of the nation. The law with relation to the intro- 
duction of liquor into the Indian Territory has been rigidly enforced, 
and it was made a condition of the admission of the State of Okla- 
homa into the Union that the prohibition of the introduction of liquor 
into the unallotted Indian lands should be continued for a period of 
twenty years. The new state, however, exceeded the congressional 
requirement in this particular, and voted for prohibition throughout 
the entire State, thus maintaining the protection which the United 
States has sought to throw about its Indian wards against the one 
of the vices of the white man mo'St injurious to the Indian. The pro- 
hibition against the sale of arms and ammunition to Indians, espe- 
cially those occupying hostile territory, has also been rigidly enforced, 
but the necessity of such enforcement is now practically ended. 

The Commissioner of Indian Affairs is required to keep a record 
of every deed executed by an Indian which requires the approval 
of the Secretary of the Interior or the President of the United States, 
and is also charged with the general oversight of matters relating 
to leasing Indian lands, and of granting the right of way over such 
lands. The Secretary of the Interior is the official guardian of all 
Indians who still retain a dependent character as regards the United 
States, and has during the past ten years been compelled to pass 
upon matters of very serious moment in connection with the various 
oil and mineral leases proposed of Indian lands for purposes of the 



7i8 THE AMERICAN GOVERNMENT. 

Government. It has, of course, been the object of the proposers of 
such leases to secure the privileges desired at the least possible cost 
to themselves, and it has been the duty of the Secretary of the In- 
terior to safeguard' the Indians' interests, which duty has been so 
well performed that membership of a tribe in the Indian Territory, 
especially of the Five Civilized Tribes, is a privilege which is being 
sought by appeals to the courts on the part of those who have been 
lefused admission to the lists and who have a color of a title to be 
regarded as members of the tribe and consequent participants in the 
benefits which have accrued from the lands set aside by the United 
States for the Indians and which are now of very considerable value. 

THE COMMISSIONER OF PATENTS. 

The Congress has been given power by the Constitution to secure 
to inventors and original producers of literature and art the right to 
their inventions and products for a term of years, in order that in- 
vention and originality of thought may be encouraged. The admin- 
istration of the laws relating to this matter is entrusted to the Com- 
missioner of Patents, who is appointed by the President by and with 
the advice and consent of the Senate, and receives a salary of $5,000 
per year. He is assisted by one Assistant Commissioner and three 
Examiners in Chief, at $3,000 a year each, who are appointed by the 
President and Senate, and who undertake the specific work of ex- 
amining and passing upon applications for patents, leaving to the 
Commissioner of Patents the general administrative work and the 
exercise of a function as the court of final appeal in patent decisions. 
The conditions under which patents can be obtained, and the ma- 
terial requirements are given in the following paragraphs: 

Applications for letters patent of the United States must be made to the 
Comissioner of Patents, and must be signed by the inventor, if alive. A 
complete application comprises the first fee of $15, a petition, specification, 
and oath; and drawings, model, or specimen when required. The petition, 
specification, and oath must be in the English language. All papers which 
are to become a part of the permanent records of the office must be legibly- 
written or printed in permanent ink. 

An application for a patent will not be placed upon the files for examina- 
tion until all its parts, except the model or specimen, are received. 

The application must be completed and prepared for examination within 
one year after the filing of the petition; and upon failure of the applicant to 



THE AMERICAN GOVERNMENT. 719 

prosecute the same within one year after any action thereon, the application 
will be regarded as abandoned. 

The petition must be addressed to the Commissioner of Patents, and must 
state the name, residence, and post-office address of the petitioner requesting 
the grant of a patent, designate by title the invention sought to be patented, 
contain a reference to the specification for a full disclosure of such inven- 
tion, and must be signed by the applicant. 

The specification is a written description of the invention or discovery 
and of the manner and process of making, constructing, compounding, and 
using the same, and is required to be in such full, clear, concise, and exact 
terms as to enable any person skilled in the art or science to which the in- 
vention or discovery appertains, or with which it is most nearly connected, 
to make, construct, compound, and use the same. 

The following order of arrangement should be observed in framiing the 
specification : 

(i) Preamble stating the name and residence of the applicant and the 
title of the invention. 

(2) General statement of the object and nature of the invention. 

(3) Brief description of the several views of the drawings (if the inven- 
tion admits of such illustration). 

(4) Detailed description. 

(5) Claim, or claims. 

(6) Signature of mventor. 

(7) Signatures of two witnesses. 

The specification must be signed by the inventor or by his executor or 
administrator, and the signature must be attested by two witnesses. Full 
names must be given, and all names, whether of applicants or witnesses, 
must be legibly written. 

Two or more independent inventions cannot be claimed in one applica- 
tion; but where several distinct inventions are dependent upon each other 
and mutually contribute to produce a single result, they may be claimed in 
one application. 

The applicant, if the inventor, must make oath or affirmation that he daes 
verily believe himself to be the original and first inventor or discoverer of 
the art, machine, manufacture, composition, or improvement for which he 
solicits a patent; that he does not know and does not believe that the same 
was ever before known or used, and shall state of what country he is a citi- 
zen and where he resides, and whether he is a sole or a joint inventor of 
the invention claimed in his application. 

The oath or afifirmation may be made before any person within the United 
States authorized by law to administer oaths, or, when the applicant resides 
in a foreign country, before any minister, charge d'afifaires, consul, or com- 
mercial agent holding commission under the Government of the United 
States, or before any notary public, judge, or magistrate having an official 
seal and authorized to administer oaths in the foreign country in which 



720 THE AMERICAN GOVERNMENT. 

the applicant may be, whose authority shall be proved by a certificate of a 
diplomatic or consular officer of the United States. 

The applicant for a patent is required by law to furnish a drawing of his 
invention whenever the nature of the case admits of it. 

The drawing may be signed by the inventor, or the name of the inventor 
may be signed on the drawing by his attorney in fact, and must be attested 
by two witnesses. The drawing must show every feature of the invention 
covered by the claims, and the figures should be consecutively numbered if 
possible. When the invention consists of an improvement on an old ma- 
chine the drawing must exhibit, in one or more views, the invention itself, 
disconnected from the old structure, and also in another view so much only 
of the old structure as will suffice to show the connection of the invention 
therewith. 

Preliminary examinations will not be made for the purpose of determin- 
ing whether models are required in particular cases. Applications complete 
in all other respects will be sent to the examining divisions, whether models 
are or are not furnished. A model will only be required or admitted as a 
part of the application when on examination of the case in its regular order 
the primary examiner shall find it to be necessary or useful. 

A caveat, under the patent law, is a notice given to the Patent Office of 
the caveator's claim as inventor, in order to prevent the grant of a patent 
to another person for the same alleged invention upon an application filed 
during the life of the caveat without notice to the caveator. 

Any person who has made a new invention or discovery and desires fur- 
ther time to mature the same may, on payment of a fee of $io, file in the 
Patent Office a caveat setting forth the object and the distinguishing char- 
acteristics of the invention, and praying protection of his right until he shall 
have matured his invention. 

Nearly all the fees payable to the Patent Office are postively required 
by law to be paid in advance — that is, upon making application for any 
action bj' the Office for which a fee is payable. 

The following is the schedule of fees and of prices of publications of the 
Patent Office: 
On filing each original appHcation for a patent, except in design cases. . $15.00 

On issuing each original patent, except in design cases 20.00 

In design cases : 

For three years and six months '. 10.00 

For seven years 1500 

For fourteen years 30.00 

On filing each caveat .' 10.00 

On every application for the reissue of a patent 30.00 

On filing each disclaimer 10.00 

On an appeal for the first time from the primary examiner to the 

examiners in chief 10.00 

On every appeal from the examiner in chief to the Commissioner 20.00 



THE AMERICAN GOVERNMENT. 721 

For certified copies of patents if in print: 

For specification and drawing, per copy -OS 

For the certificate ^5 

For the grant 5° 

For certifying to a duplicate of a model 5° 

For manuscript copies of records, for every 100 words or fraction 

thereof 

If certified, for the certificate, additional 25 

For 20-coupon orders, each coupon good for one copy of a printed 
specification and drawing, and receivable in payment for prints, 

Official Gazette, and Roster of Attorneys i-OO 

For 100 coupons in stub boook ; • • • 5-00 

For uncertified copies of the specifications and accompanying drawings 

of patents, if in print, each ^5 

When ordered by subclasses, each <^3 

When ordered by classes, each °2 

And when the entire set of all patents granted is ordered, each 01 

For the drawings, if in print ■ ; • • -^^ 

For copies of drawings not in print, the reasonable cost of makmg 

them. 
For photo prints of drawings, for each sheet of drawings : 

Size ID by 15 inches, per copy 25 

Size 7 by 1 1 inches, per copy ^5 

For recording every assignment, agreement, power of attorney, or 

other paper, of 300 words or under ^0° 

Of over 300 and under 1,000 words 2.00 

Of over 1,000 words 3- 

For abstracts of title to patents or inventions: 

For the certificate of search ^-^^ 

For each brief from the digest of assignments 20 

For searching titles or records, one hour or less 50 

Each additional hour or fraction thereof •••••• 5° 

For assistance to attorneys in the examination of publications m the 

scientific library, one hour or less ^-^^ 

Each additional hour or fraction thereof i-OO 

For copies of matter in any foreign language, for every 100 words or 

a fraction thereof 

For translation, for every 100 words or fraction thereof 50 

The Official Gazette: 

To subscribers within the United States, Mexico, and Canada, 

5.00 

one year 

To foreign subscribers, except in Canada and Mexico 10.00 

Single numbers 

o^ 
Decision leaflets 

Trade-mark supplements °5 



722 THE AMERICAN GOVERNMENT. 

For bound volumes of The Official Gazette : 

, Semi-annual volumes, from January i, 1872, to June 30, 1883, 

full sheep binding, per volume 400 

In half sheep binding, per volume ocq 

Quarterly volumes, from July i, 1883, to December 31, 1902, full 

sheep binding, per volume 2.75 

Bi-monthly volumes, from January i, 1903, full sheep binding, 

per volume 2.50 

For the annual index— -from January, 1872 — full law binding, per 

volume 2.00 

In paper covers, per volume i.oo 

For the general index — a list of inventions patented from 1790 to 1873 

— three volumes, full law binding; per set 10.00 

For the index from 1790 to 1836 — one volume, full law binding.. 5.00 

For the monthly volumes, containing the specifications and photo- 
lithographed copies of the drawings of all patents issued during 

the month, certified, bound in full sheep, per volume 5.00 

In half sheep, per volume 3.00 

For the index to patents relating to electricity, granted by the United 

States prior to June 30, 1882, one volume, 250 pages, bound 5.00 

In paper covers 3.00 

Annual appendixes for each fiscal year subsequent to June 30, 1882, 

paper covers 1.50 

For Commissioner's Decisions : 

For 1869-70-71, one volume, full law binding 2.00 

For 1872-73-74, one volume, full law binding 2.00 

For 1875-76, one volume, with decisions of United States courts in 

patent cases, full law binding 2.00 

In paper covers i.oo 

Subsequent annual volumes with decisions of United States courts, 

full law binding, per volume 2.00 

In paper covers i.oo 

Roster of attorneys 20 

In case an application is made for a patent which the Commissioner 
of Patents believes interferes with a pending patent application or 
prior patent, he directs the examiner to proceed to determine the 
question of priority of invention. Affidavits and depositions may be 
taken in such matters by direction by the Commissioner of Patents, 
and by any officer authorized by law to take depositions, under the 
proceedings of United States Courts or State Courts. Witnesses 
may be subpoenaed for such purpose and hearings may be had by the 
subordinates of the Commissioner, or by the Commissioner on appeal. 
The Commissioner may issue a patent to the party who is adjudged 



THE AMERICAN GOVERNMENT. 723 

to be the prior inventor, either upon the results of the decision of the 
primary examiner or of the Board of Examiners in Chief, or on an 
appeal taken to the Commissioner within twenty days. Anybody ag- 
grieved by the decision of the Commissioner of Patents may appeal 
to the Court of Appeals of the District of Columbia. The decision is 
reviewable in this court, which can certify to the Commissioner of 
Patents, after due hearing, its opinion as to the action which should 
be taken by the Commissioner, and such opinion on the part of the 
Court of Appeals must govern the Patent Office in future proceed- 
ings in the case. The decision of this court, however, is not ex- 
clusive of any action which may be brought in the appropriate court 
of the United States to test the validity of the patent, so that a 
patent case may be fought from the moment of its submission to the 
primary examiner through the Court of Appeals of the District of 
Columbia, then reopened in an United States Court and made the 
subject of litigation through the Federal procedure to the final deter- 
mination of the Supreme Court of the United States. The possibili- 
ty of such litigation and the fact that the decision of the Commis- 
sioner of Patents as to the patentability of a given device can be 
contested in litigation which may last over many years and which 
may not in the end be fruitful, owing to the lapse of time or the in- 
ability to recover adequate amount in damages, has been a source of 
complaint on the part of inventors against the American patent sys- 
tem, so that propositions have been made by patent lawyers for 
material changes in the laws on this subject, the consensus of opinion 
that changes should be made being now so strong that definite 
amendments are to be presented to the Congress for its consideration. 
Articles which may be protected by a trade-mark are also under the 
jurisdiction of the Commissioner of Patents, and such protection is 
granted under the circumstances indicated in the following para- 
graphs : 

A trade-mark may be registered by any person, firm, corporation, or as- 
sociation domiciled within the territory of the United States, or residing 
in or located in any foreign country whch, by treaty, convention, or law, 
affords similar privileges to the citizens of the United States, and who is 
entitled to the use of any trade-mark and uses the same in commerce with 
foreign nations, or among the several States, or with Indian tribes, upon 
payment of the fee required by law and other due proceedings had. 



724 THE AMERICAN GOVERNMENT. 

No trade-mark will be registered to an owner domiciled within the terri- 
tory of the United States unless it shall be made to appear that the same 
is used as such by said owner in commerce among the several States, or 
between the United States and some foreign nation or Indian tribe; no 
trade-mark, except as provided by section 3 of the act of May 4, 1906, will 
be registered to an owner residing in or located in a foreign country unless 
said country, by treaty, convention, or law, afifords similar privileges to the 
citizens of the United States ; no trade-mark will be registered which con- 
sists of or comprises immoral or scandalous matter, or which consists of 
or comprises the flag or coat of arms or other insignia of the United States, 
or any simulation thereof, or of any State or municipality, or of any foreign 
nation, or which is identical with a registered or known trade-mark owned 
and in use by another, and appropriated to merchandise of the same descrip- 
tive properties, or which so nearly resembles a registered or known trade- 
maric ov/ned and in use by another, and appropriated to merchandise of 
the same descriptive properties, as to be likely to cause confusion or mis- 
take in the mind of the public, or to deceive purchasers; or which consists 
merely in the name of an individual, firm, corporation, or association, not 
written, printed, impressed, or woven in some particular or distinctive man- 
ner or in association with a portrait of the individual, or merely in words 
or devices which are descriptive of the goods with which they are used, or 
of the character or quality of such goods, or merely a geographical name 
or term ; no portrait of a living individual will be registered as a trade-mark, 
except by the consent of such individual, evidenced by an instrument in 
writing; and no trade-mark will be registered which is used in unlawful 
business, or upon any article injurious in itself, or which has been used with 
the design of deceiving the public in the purchase of merchandise, or which 
has been abandoned. 

An application lor the registration of a trade-mark must be made to the 
Commissioner of Patents and must be signed by the applicant. 

A complete application comprises : 

(0) A petition, lequesting registration, signed by the applicant. (See 
Form I.) 

(&) A statement specifying the name, domicile, location, and citizenship 
of the party applying; the class of merchandise, and the particular descrip- 
tion of goods comprised in such class, to which the trade-mark is appro- 
priated; a description of the trade-mark itself, only when needed to express 
colors not shown in the drawing; and a statement of the mode in which 
the same is applied and affixed to the goods, and of the length of time during 
which the trade-mark has been used, and, if the applicant be a corporation 
or association, it must be set forth under the laws of what State or nation 
organized. 

(c) A declaration complying with section 2 of the act of February 20, 
1905. 



THE AMERICAN GOVERNMENT. 725 

(rf) A drawing of the trade-mark, which shall be a facsimile of the same 
as actually used upon the goods. 

(c) Five specimens (or facsimiles, when, from the mode of applying or 
affixing the trade-mark to the goods, specimens cannot be furnished) of the 
trade-mark as actually used upon the goods. 

(f) A fee of $10. 

FEES. 

On fihng each original application for the registration of a trade-mark $10.00 
On filing each application for renewal of the registration of a trade- 
mark 10.00 

On filing notice of opposition to the registration of a trade-mark.... 10.00 
On appeal from the examiner in charge of trade-marks to the Com- 
missioner of Patents IS-OO 

On appeal from the decision of the examiner in charge of interfer- 
ences, awarding ownership of a trade-mark or cancelling the 
registration of a trade-mark, to the Commissioner of Patents . . 15.00 

For manuscript copies, for every 100 words or fraction thereof 10 

For recording every assignment, agreement, power of attorney, or 

other paper of 300 words or less i.oo 

For recording every assignment, agreement, power of attorney, or 

other paper of more than 300 words and less than 1,000 words.. 2.00 
For recording every assignment, agreement, power of attorney, or 

other paper of more than 1,000 words 3.00 

For abstracts of title : 

For the certificate of search i.oo 

For each brief from the digest of assignments 20 

For searching titles or records, one hour or less 50 

Each additional hour or fraction thereof 50 

For a single printed copy of statement, declaration, and drawing 05 

If certified, for the grant, additional .50 

For the certificate 25 

Money required for office fees may be paid to the Commissioner of Pat- 
ents, or to the Treasurer, or to any of the assistant treasurers of the United 
States, or to any of the depositaries, national banks, or receivers of public 
money, designated by the Secretary of the Treasury for that purpose, and 
such officer shall give the depositor a receipt or certificate of deposit therefor, 
which shall be transmitted to the Patent Office. When this cannot be done 
without inconvenience, the money may be remitted by mail, and, in every 
such case, the letter should state the exact amount inclosed. All money 
orders, drafts, and checks should be made payable to the "Commissioner 
of Patents." 



726 THE AMERICAN GOVERNMENT. 

THE GEOLOGICAL SURVEY. 

The primary and main purpose of the Geological Survey is to 
establish definitely the character of the public lands of the United 
States, in order that such lands as contain mineral deposits of value 
may not be alloted under the homestead laws or sold as agricultural 
lands, so that the United States will be deprived of the income which 
should be received from the sale of lands of greater value than those 
which are available for agricultural purposes only. In addition to 
this service, it is also necessary in connection with the administration 
of the public lands to have fixed marks as starting points for the 
surveys which establish the subdivisions of the public lands. The 
services referred to are performed by field parties of the Geological 
Survey, which conduct various investigations into the geological 
structures, the mineral resources and the products of the public lands, 
and also perform survey work necessary for the establishment of the 
limits of reserved lands, as well as for the fixing of primary Hues for 
sectional surveys. This work, under the Secretary of the Interior, is 
in charge of the Director of the Geological Survey, who is appointed 
by the President by and with the advice and consent of the Senate, 
and receives a salary of $6,000 a year. It is required by law that 
neither the Director nor any member of the Survey shall have any 
personal or private interest in the lands or mineral wealth of the 
region under survey, and, also, in addition to the public services 
performed, shall execute no surveys or examinations for private 
parties or corporations while employed in the work of survey or ex- 
amination for the public service. All scientific employes of the Geo- 
logical Survey are selected by the Director subject to the approval 
of the Secretary of the Interior, and must be selected exclusively for 
their qualifications as professional experts. The results of the work 
of the survey are prepared in the form of maps, both topographical 
and geological, and such maps are made up into the form of atlases, 
each treating of a dififerent section of the country. An edition of 
500 copies of such maps and atlases is provided to be distributed 
gratuitously among the educational institutions of the United States 
and to foreign countries, and each Senator and Member of the 
House of Representatives is entitled to a personal copy of each map 
and atlas, and an additional copy to be disposed of at his discretion. 



THE AMERICAN GOVERNMENT. 727 

The publications of the Survey can also be sold at an amount equal 
to the actual cost of their production, with 10 per cent, additional, 
the cost of production meaning the cost of the copies themselves, 
without reference to the original cost of the work. 

Besides the economic value of the work of the Geological Survey 
in determining the character of the lands of the United States it 
has had a very great educational value, from its contributions to the 
science of geology generally, and especially with reference to the 
fossil remains of past ages. The Survey, in addition to the maps 
and atlases referred to, issues a publication showing the mineral re- 
sources of the United States, and is also charged with an investiga- 
tion of the character and value of the coals of the country. This 
investigation is carried on for the purpose especially of determining 
the fuel value of the different coal deposits and is of great import- 
ance for the reason that coal-bearing strata of widely different char- 
acteristics are found in various points in the Western States, and 
the comparison of their fuel value and their usefulness is necessary 
in order, first, to estimate the value of the land under which they are 
found, and secondly, to promote the development of the mining oper- 
ations which would make the surrounding land of additional value 
to settlers and to manufacturers by reason of ready access to sources 
of fuel. This comparison of fuels, which is imposed upon the Geo- 
logical Survey by law, is made not only by actual examination of 
conditions in the field, but by fuel tests under usual power-producting 
conditions and material additions to the knowledge of the world on 
this subject has been made by the work of the Survey. 

Another section of the Geological Survey is devoted to questions 
relating to streams, water courses and water supply. For a number 
of years an exhaustive series of investigations was undertaken 
which included the measurement of streams and the determination 
of the location of underground waters for the purpose of giving some 
approximate rule for the successful drilling of artesian wells. As 
the agricultural lands of the West became scarcer and it became ap- 
parent that efforts must be made to reclaim the desert arid lands, in 
order to provide for the demand for new homesteads, this section of 
the Geological Survey became interested in the question of the recla- 
mation of arid lands, and under recent legislation by Congress has 
grown to be a great engineering bureau, which has in charge the 



728 THE AMERICAN GOVERNMENT. 

tremendous construction work intended to confine the flood 
waters of western streams into great reservoirs from which water 
can be secured during the growing season of the year for the irriga- 
tion of crops. Under the statutes covering the subject of reclama- 
tion of arid lands and irrigation at the present time, all moneys re- 
ceived from the sale and disposal of public lands in Arizona, Cali- 
fornia, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New 
Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, 
Washington and Wyoming, except the five per cent, granted to 
States for educational purposes, together with all excess fees from 
the offices of registers and receivers of public money, are paid into a 
common fund known as the "Reclamation Fund," from which the 
Secretary of Interior is empowered to take such sums as may be 
necessary for the acquirement of sites for dams and reservoirs, and 
for the construction of such work as may be required to impound 
waters for the purpose of subsequently using them in the work of 
irrigation. 

Such amounts of arid lands as the Secretary of the Interior may 
deem to be likely to be benefited by the construction of irrigation 
work are to be withheld from the operation of the homestead laws 
until such time as the irrigation projects have been completed, when 
they are to be allotted out in tracts of not less than forty nor more 
than one hundred and sixty acres, under such laws, except that 
there is to be an added charge, based upon the cost of the irrigation 
work, which is to be divided among the whole amount of land so 
withheld. When a majority of the amount thus fixed as a charge 
upon the land is paid, the irrigation works are to pass into the cus- 
tody of those owning the lands irrigated under such rules as the 
Secretary of Interior may impose. The Secretary of the Interior is 
empowered to fix the amount of land which can support a family in 
the particular district irrigated, and to establish such amounts as 
the unit of entry which can be made under the homestead laws. When 
the payment for the irrigation charges have been made and custody 
and operation of the irrigation works placed in the hands of the land 
holders, the title to the works themselves remains in the United 
States, and will so remain until a different disposition is made by 
Congress. 



THE AMERICAN GOVERNMENT. 729 

The Reclamation Service, under the direction of the Chief En- 
gineer, has charge of all matters relating to the location, acquire- 
ment of site and building dams, and establishing reservoirs, the 
actual work being done so far as possible by contract, but in many 
instances, owing to the difficult nature of the undertaking, it has 
been necessary for the Reclamation Service itself to undertake the 
construction work. Several great projects are now under way, and 
the result of the plans of many years are to be realized within a short 
time. All amounts which may accrue from the reimbursement to 
the United States from the cost of the reclamation projects are to 
be returned to the Reclamation Fund, which is thus made self-re- 
newing and perpetual, and when one project is completed and paid 
for, funds will be available for the undertaking of another. In con- 
sequence of the various leclamation projects, present and prospect- 
ive, the water rights in the streams of the West have grown to be 
of great value and litigation has already been set up between the va- 
rious states affected to determine their respective rights. Legislation 
has been effected, intended to adjust the differences between the 
United States and the different States, and under other legislation 
than that which has just been described, the States in which arid 
lands are located are also given opportunity to construct irrigation 
reservoirs and to meet the expenses thereof by grants of land of 
the United States, which have been made in general terms by Con- 
gress conditional upon the undertaking of reclamation work by the 
States. 

THE COMMISSIONER OF EDUCATION, 

No provision was made by the Federal Constitution for the estab- 
lishment or maintenance of a school system by the Federal Govern- 
ment, and no powers in this direction have been assumed by the 
Congress. Whether a national school system might not be of great 
national value, especially in the South, is a matter which may well 
have consideration, but there appears to be no provision by which 
such a result could be brought about. The only function exercised 
by the Federal Government in connection with education is an ad- 
visory and instructive one, besides the assistance of certain agricul- 
tural colleges and the education of children in Alaska. These are 
carried on under the direction of the Commissioner of Education, an 



730 THE AMERICAN GOVERNMENT. 

official of the Department of the Interior, who is appointed by the 
President by and with the advice and consent of the Senate, and 
receives $3,500 a year. The duties of the office of education are to 
collect statistics and facts showing the condition and progress of 
education in the several States and territories and to disseminate such 
information respecting the organization and management of schools 
and school districts and the methods of teaching as shall aid the 
people of the United States in the establishment and maintenance of 
efficient school system and otherwise promote the cause of education 
throughout the country. To this end, the Commissioner of Educa- 
tion is authorized to publish bulletins and annual roports which are 
generally distributed and may be had on application. In addition to 
the foregoing, the Commissioner of Education has general super- 
vision of the operation of the endowment fund, formerly consisting 
of a portion of the returns from the sale of public lands, which was 
granted to the states in which public lands are or have been 
located, for the teaching of agriculture and mechanic arts. As 
in many states the public lands have been entirely disposed of, 
annual appropriations are now made for the continuance of the sup- 
port of these institutions, and it is the duty of the Commissioner 
of Education to see that the requirements established by law are 
carried out. 

The education of Indians and Esquimaux children of Alaska, 
together with the education of white children in that Territory is 
exclusively under the direction of the Commissioner of Education. 
Various funds, arising from the revenues of the territory are set 
aside for the purposes of education, and are applied so far as 
. they will go to the provisions of schools. The Commissioner of 
Education also directs the operations of the reindeer establishments, 
consisting of the reindeer imported from Siberia some years ago, 
and their increase. The main herds are maintained at central sta- 
tions, where the natives are instructed in the care and management 
of the reindeer and the increase beyond the number required for the 
maintenance of the original herd are intrusted to graduates for safe 
keeping, the Indians selected for the care of such additional herds 
being allowed to keep the increase from the herd in payment of their 
services and for encourasrement. The introduction of reindeer into 



THE AMERICAN GOVERNMENT. 73i 

Alaska was undertaken for the purpose of finding a substitute for 
the decreasing food supply of the Indians and Esquimaux, and a 
material relief has been afforded from such destitution of the natives 
who were threatened from starvation on account of the disappearance 
of their usual supplies of food because of the increase in settlements. 

THE NATIONAL PARKS. 

Congress has from time to time set aside sections of the Western 
country, which contained notable natural curiosities as National 
Parks, the land included within their limits being withdrawn from 
settlement permanently and the administration of the parks thus 
established is placed under the direction of the Secretary of the In- 
terior. National parks so far established include the Yellowstone 
National Park with its remarkable geyser formations, the Yosemite 
National Park in California, including the rock formation in that 
valley ; the Sequoia National Park in California, including the giant 
trees of that State ; the General Grant National Park in California, 
which includes the mammoth tree which has been named for the 
famous civil war general ; the Crater Lake National Park in Oregon, 
surrounding the lake of that name ; the Mt. Ranier National Park in 
Washington, and the Government reservation at Hot Springs, Ark. 
Each of the foregoing National Parks is under the direction of a 
superintendent appointed by the Secretary of the Interior, who has 
as his assistants a sufficient number of men to patrol and guard 
the parks and carry out the regulations imposed for their govern- 
ment. Such regulations include prohibition of cutting trees and 
restrictions as to the taking of game and fish, together with pro- 
visions for permissive grazing of cattle on the lands included within 
the park reservations. Rights of way over such land, the travel of 
tourists and others, and all matters connected with the use of the 
reservations and of the conduct of persons therein are regulated by 
the Secretary of the Interior, whose directions on the subject are 
carried out by the superintendents of the various parks. 
, At Hot Springs, Arkansas, the Government owns the land and the 
springs which are of well-known medicinal value, and rents privi- 
leges for the use of the water to private persons, under regulations 
as to the amount which shall be charged for the privilege of bathing 



732 THE AMERICAN GOVERNMENT. 

within the bath houses. Other regulations are also established, in- 
tended to prevent imposition upon those who visit the reservation 
for the purpose of taking advantage of the medicinal waters. All- 
physicians practicing in connection with the Hot Springs are re- 
quired to register and rigid prohibitions are in effect against solicit- 
ing or drumming of trade in behalf of physicians from patients who 
visit the springs. Regulations are also made for the prevention of 
the waste of the water from the springs, and any person having a 
bath house who violates the regulations of the Department of the 
Interior is subject to penalty by having his lease revoked. No person 
is allowed to bathe or take the water, except upon a prescription 
from a regularly registered physician, and any physician who en- 
gages in drumming for trade or who engages in other unprofessional 
conduct may be debarred from the register under the regulations, so 
that persons applying to a physician so debarred foT treatment would 
be unable to take advantage of the facilities of the different bath 
houses. In addition to leasing locations for bath houses on the 
reservation, the United States maintains bath houses for the treat- 
ment of the soldiers and sailors of the military service of the United 
States, and also free bath houses ; which are, however, open only to 
indigent persons, being those who have not the means of comfortable 
subsistence. Persons who are able to pay a fee for the baths are 
expected to use those connected by private persons under lease, 
leaving the facilities of the free baths to persons who are unable ta 
pay the bathing fees, which are fixed by the Secretary of the Inte- 
rior. Attendants are permitted at the different bath houses, who are 
entitled to charge fees at the rate of fifteen cents for a single bath 
in addition to the bath house fee, and who are under the direction 
of the managers of the bath houses. It is optional with bathers 
whether they shall utilize the services of attendants or not. The 
regulation by the Government of the conditions at Hot Springs was 
made necessary by the undesirable circumstances attending the pre- 
vious unregulated use of the medicinal baths. Owing to the nature 
of the diseases treated, patients became the victims of unscrupulous 
medical persons and the practice of drumming or soliciting trade 
had become so prevalent as to create at times positive scandal. The 
restrictions of the Secretary of the Interior on drumming trade at 



THE AMERICAN GOVERNMENT. 733 

Hot Springs has been contested as to its legality, and a suit brought 
by a physician who was debarred from registering is now pending 
in the courts. 

Besides the foregoing parks, reservations have been made in the 
Southwest of tracts in which prehistoric ruins are located, such 
parks being under the joint custody of the Secretary of the Interior 
and Secretary of War. 

THE TERRITORIAL GOVERNMENTS. 

A former very considerable part of the work of the Secretary of 
the Interior had to do with the administration of the various terri- 
tories which were formed out of the public lands of the United States. 
These have successively been admitted to Statehood, until the terri- 
tories of Arizona and New Mexico and of Alaska and Hawaii are 
all that remain under the jurisdiction of the Interior Department. 

The form of government in the territories of Arizona and New 
Mexico are substantially the same, consisting of a Governor and 
Secretary appointed by the President, by and with the advice and 
consent of the Senate, who are appointed for terms of four years 
each, unless sooner removed, and of a legislative body, consisting of 
a Council and House of Representatives, which are empowered to 
make local laws. The Governor and Secretary are the representatives 
of the United States in the territorial affairs and are directed by the 
Secretary of the Interior as to their official conduct, and all reports 
are made to the Interior Department. These United States officials 
are required to reside in the territory and can receive no compensa- 
tion unless they are actual residents at their places of duty. The 
Governor is commander-in-chief of the militia of the territory, and 
may grant pardons and reprieves, remit fines and forfeitures for 
ofifenses against the laws of the territory, and can grant respites for 
offenses against the laws of the United States, until the decision of 
the President can be known. He commissions all officers appointed 
under the laws of the territory, and is required to see that all terri- 
torial laws are faithfully executed. Every bill which passes the 
legislative assembly must be presented to the Governor, who has a 
veto power, similar to that of the President, and the power of the 
legislature to pass laws is strictly limited to legislation necessary for 
raising the revenues for the territorial Government and for local 



734 THE AMERICAN GOVERNMENT. 

affairs by means of general laws on such subjects, special legislation 
being forbidden. The Secretary of the territory performs the usual 
secretarial duties, is superintendent of public buildings and grounds 
within the territory, administers the oath of office to the members 
of the legislature on being first assembled and records their proceed- 
ings. The council of the legislature consists of twelve members, 
and of the house, twenty-four members, the members of each branch 
receiving four dollars a day during the sessions, which are held once 
in two years, and are limited to sixty days' duration. Members of 
the legislature are elected for two years, and must reside in the 
district or county for which they are respectively elected. An appro- 
priation is made by Congress for the expenses of the legislative 
sessions, which must in no case be exceeded, and the legislature is 
strictly prohibited from incurring debts and expenditures which are 
not contemplated by the statutes or receive the sanction of Congress. 
The territory of Alaska is administered by a Governor, who is 
required to see that the laws passed by Congress for the government 
of the territory are executed. He can grant reprieves from the 
operation of penalties imposed by the courts for the violation of the 
laws of the United States, but such action is subject to review by the 
President. The Governor of Alaska is appointed by the President 
and is confirmed by the Senate, and is required to make a report on 
the first day of October of each year to the President concerning his 
official transactions during the preceding year. He receives $5,000 
a year, and must reside in the territory, and with the United States 
courts provided for Alaska, conducts practically all the governmental 
business relating to the territory. The Surveyor General of the 
District of Alaska is Secretary ex-officio of the territory, and has 
charge of issuing the official papers required to be issued or secre- 
tarial acts required to be done by the statute. The body of the law 
governing the territory of Alaska was passed by Congress and con- 
stitutes a separate code. Such a code does not have, naturally, the 
elasticity which would come from enactments by a legislative body 
composed of the immediate representatives of the people governed, 
and there is a strong demand on the part of the settlers of Alaska for 
a system of government, including a legislative body, similar to that 



THE AMERICAN GOVERNMENT. 735 

which is provided for the other territories. The three United States 
judges appointed for the Districts in Alaska exercise to a consider- 
able degree the police power which would be administered by one of 
the regular territorial governments through their oversight of the 
licensing system, and their enforcement of the criminal sections of the 
code. Notaries public who are appointed by the Governor have more 
extended functions than corresponding officials in the States, and 
are made registering and recording officers for the purpose of com- 
plying with the provisions of the mining laws and code sections re- 
lating to real estate transactions. The Commissioners of the United 
States Courts, appointed by the United States judges, also have con- 
siderable incidental governmental powers, especially in the execu- 
tion of the criminal statutes, so that the government of Alaska really 
consists of an administrative function exercised by the Governor as 
a general overseer and executive, with the rest of the governmental 
activities practically in the hands of United States courts. 

The government of the territory of Hawaii follows the scheme of 
government adopted by the Republic of Hawaii before the annexa- 
tion of the island to the United States with the usual territorial. forms. 
There is a governor and treasurer appointed respectively by the 
President, by and with the advice and consent of the Senate, for a 
term of four years, and who have similar functions to those of other 
similar officers of territories. It is provided, however, that they 
must be citizens of the territory of Hawaii, and the Governor cannot 
be less than thirty-five years of age. The Governor has general 
executive duties, and the Secretary is required to preserve all the 
laws and proceedings of the legislature and all acts and proceedings 
of the Governor and promulgate the proclamations of the Governor. 
He is required to transmit copies of the journal of the Hawaiian 
legislature to the President of the Senate and the Speaker of the 
House of Representatives, and must make a semi-annual report to 
the President of the operations of the executive. In addition to these 
officials appointed by the President, provision is made for an Attor- 
ney General, a Treasurer, Auditor, Superintendent of Public Works 
and Superintendent of Public Instruction, who are the successors 
of the respective cabinet ministers under the independent republican 
form of government, and who are elected by the legislature. The 
legislative body consists of two houses, the Senate and the House of 



736 THE AMERICAN GOVERNMENT. 

Representatives, who are elected by the citizens of the territory, the 
qualification of such citizenship being citizenship under the former 
government of the island. In the case of citizens of the United 
States who were not residents of Hawaii during the former regime, 
citizenship is acquired by residence of one year in the territory. The 
usual territorial provisions are made as to the powers and limitations 
of the territorial legislatures, the Senate of which is composed of 
fifteen members, who hold office for four years and the House of 
Representatives is composed of thirty members, who are elected to 
serve until the next general election. The regular sessions of the 
legislature are held bi-ennially on the third Wednesday in February 
in each odd-numbered year and cannot continue longer than sixty 
days, unless extended by the Governor for not more than thirty days. 
The Governor can also convene the legislature or the Senate alone 
in special session. 

Although the government of the Island of Porto Rico is not under 
the direction of the Secretary of the Interior, a description of the 
chief characteristics is appropriate at this point. The officers of the 
government of Porto Rico, appointed by the President on behalf of 
the United States, constitute a complete executive staff, supervisory 
over the operation of a legislative body, elected by the people of 
Porto Rico. The chief executive officer is entitled the Governor of 
Porto Rio, and is appointed by the President, by and with the advice 
and consent of the Senate for four years, unless sooner removed. 
He is required to reside in Porto Rico during his incumbency, has 
the usual powers of a governor of a territory, and is required to 
report to the President through the Secretary of State. In addition 
to the Governor, the President appoints under similar conditions and 
for the same period, a Secretary, an Attorney General, a Treasurer 
and Auditor, a Commissioner of the Interior and a Commissioner of 
Education, for the performance of the duties indicated by the titles 
of their offices. They are all required to reside in Porto Rico, and 
with five other persons constitute the executive council for the advice 
and assistance of the Governor. Either of the officers specifically 
named may be a Porto Rican, and of the total number constituting 
the Governor's council, at least five must be native Porto Ricans. 
The council described is constituted as one of the bodies of the leg- 



THE AMERICAN GOVERNMENT. 737 

islature of the island, the other being a house of delegates, consisting 
of thirty-five members elected bi-ennially and the two houses are 
designated the legislative assembly of Porto Rico. For the purpose 
of electing delegates, the island is divided into seven districts, and 
the five delegates in each district are elected by the qualified voters 
who must have been bona fide residents of Porto Rico for one year. 
No person is eligible to membership in the House of Delegates who 
is not twenty-five years of age, and able to read and write either in 
Spanish or the English language or who is not possessed in his own 
right of taxable property situated in Porto Rico. The law thus pro- 
viding for delegates either an educational or property qualification. 
The expenses of the officers of the Government of Porto Rico are 
paid out of the revenues of the territory and are fixed by United 
States statute as follows : 

The governor, eight thousand dollars; in addition thereto he shall be 
entitled to the occupancy of the buildings heretofore used by the chief ex- 
ecutive of Porto Rico, with the furniture and effects therein, free of rental. 

The secretary, four thousand dollars. 

The attorney-general, four thousand dollars. 

The treasurer, five thousand dollars. 

The auditor, four thousand dollars. 

The commissioner of the interior, four thousand dollars. 

The commissioner of education, four thousand dollars. 

The chief justice of the supreme court, five thousand dollars. 

The associate justices of the supreme court (each), four thousand five 
hundred dollars. 

The marshal of the supreme court, three thousand dollars. 

The United States district judge, five thousand dollars. 

The United States district attorney, four thousand dollars. 

The United States district marshal, three thousand five hundred dollars. 

Although the Island of Porto Rico is not recognized as a territory 
of the United States, or its citizens as citizens of the United States, 
provision is made by law for representation in this country by a 
delegate or resident Commissioner to the United States, who is paid 
the salary of a member of Congress, but has no seat in the House, 
although he is entitled to recognition by all the departments upon 
presentation of his certificate of election to the Secretary of State. 
No person can be elected Commissioner who is not a bona fide resi- 
dent of Porto Rico, thirty years of age, and who does not read and 
write English. 



738 THE AMERICAN GOVERNMENT. 



CHAPTER XV. 

DEPARTMENT OF AGRICULTURE. 

The theory under which the Department of Agriculture was estab- 
lished and under which it was carried on for many years was based 
upon the dissemination merely of information relative to agricul- 
tural pursuits and of seeds and plants so as to secure a wider extent 
of cultivation for especially valuable products as well as to encourage 
in each locality of the United States the raising of such crops as 
might best be produced at that particular point. The inception of 
the department occurred in 1839, when an appropriation was made 
for the purchase by the Commissioner of Patents of valuable seeds 
and plants for the purpose of securing their introduction and for 
general growth within the United States. In 1862 a Department 
of Agriculture was established under the direction of a commission- 
er, and in 1889 a Secretary of Agriculture was provided for, and 
the Department of Agriculture became a full executive department. 

As a result of complaints made as to the character of American 
products exported to European countries and the exclusion of such 
products from those countries provision was made by which a guar- 
antee could be afforded to foreign consumers by an inspection under 
the direction of the Department of Agriculture. When, at a later 
date, there was a considerable agitation as to the condition under 
which meat products were manufactured for the interstate trade, the 
supervisory functions of the Department of Agriculture were con- 
siderably increased, and when as the result of other agitation a pure 
food law was passed by the Congress, the function of the inspection 
of food products was still further extended so that in addition to its 
original purpose the Department of Agriculture is now one of the 
great supervisory executive departments of the Government, having 
under its direction a large and growing force of Federal employees 
who have very considerable powers with regard to the manufacturing 



THE AMERICAN GOVERNMENT. 739 

interests of the country which have to do with the supply of food 
products. 

On the agricultural side of the Department's activities it has also 
advanced very far from the original undertaking of supplying new 
and improved varieties of vegetables and fruits, and undertakes in- 
vestigation into every aspect of natural science which affects agri- 
cultural interests, and conducts experiments of the most advanced 
nature, being at the head of a series of experiment stations main- 
tained by all the States and Territories in the Union and serving as 
a central bureau of exchange of information as well as a directory 
and supervisory institution. Upon the acquisition of the island pos- 
sessions of the United States, the Department of Agriculture at once 
undertook considerable investigations into the conditions of tropical 
and semi-tropical agriculture, and has done a great deal of work in 
the development and improvement of agricultural conditions in the 
island possessions. 

In addition to the usual equipment for administrative work in the 
Department of Agriculture there is provided a solicitor, who, as an 
exception to the general rule, is not an official of the Department of 
Justice, but is a salaried officer of the Department of Agriculture 
and acts as legal adviser of the Secretary, having charge of the 
preparation and supervision of all legal papers to which the Depart- 
ment is a party. He also examines and approves all orders and reg- 
ulations promulgated by the Secretary under statutory authority, 
and represents the Department in all legal proceedings arising under 
the laws entrusted to the Department for execution. He is also a 
member of the Board which is specially charged with the execution 
of the Pure Food Law. 

While the purely agricultural bureaus of the Department were 
formerly, with the exception of the Weather Bureau, the most im- 
portant phases of activity of the Department of Agriculture, these 
have recently become somewhat eclipsed by the increased importance 
of two bureaus charged with the enforcement of the specific laws. 
These bureaus are the Bureau of Animal Industry and the Bureau 
of Chemistry. The Bureau of Animal Industry as originally intended 
was to take up questions relating to the breeding and feeding of 
animals, and matters relating to dairy farming. Various enactments 



740 THE AMERICAN GOVERNMENT. 

by Congress designed to prevent the inter-communication of diseases 
among the farm animals of the United States were placed for en- 
forcement under the direction of the Bureau of Animal Industry, 
such jurisdiction being naturally the result of the work being done 
by the Bureau in the investigation of the existence of dangerous 
communicable diseases of live stock and of the appropriate measures 
for the control and the eradication of such diseases. As the bureau 
was also the Governmental source of information as to the charac- 
teristics of healthy and diseased food animals, the inspection of meat 
products for the export trade which was required as the result of 
discriminative legislation by foreign countries was naturally placed 
under the jurisdiction of this Bureau. The characteristics of dairy 
products, being also determined by the Bureau of Animal Industry 
when legislation was effective designed to protect butter and cheese 
from destructive competition by other products containing animal 
fats, and resembling the dairy products mentioned, such a similar 
duty of inspection and supervision was imposed upon the Bureau of 
Animal Industry. 

The amount of statutory provision thus entrusted to the Bureau of 
Animal Industry for enforcement is a considerable one, and con- 
templates the employment of a large number of inspectors expert in 
the various conditions involved, whose duties are indicated by the 
following summary of the legislation referred to. By the Act ap- 
proved June 30, 1906, an inspection of all animals intended for 
slaughter is made before they enter the slaughter houses. All ani- 
mals which are found to be diseased, which are pregnant, or which 
have recently had young, are marked with a metal tag and must be 
excluded from the other animals intended for slaughter. The gen- 
eral conditions of slaughter houses and of places where meat prod- 
ucts are prepared are under regulations made by the Secretary of Ag- 
riculture and enforced by the inspectors in order to secure sanitary 
conditions. All parts of carcasses after the slaughtering has been 
done are examined by inspectors who stamp on those parts which are 
healthy and fit for use as foods "U. S. Inspected and passed," and 
upon all those parts which are diseased or in any way unfit for food 
"U. S. Inspected and condemned." All establishments where a 
wholesale trade is carried on in the preparation of meat products 



THE AMERICAN GOVERNMENT. 741 

are required to be inspected before such products may be sold or 
transported in interstate trade. Farmers doing their own slaughter- 
ing and retail butchers may be exempted except in the discre- 
tion of the Secretary of Agriculture. The United States cannot, of 
course, interfere in any trade which is strictly within one State, but 
it is made an offense subject to fine or imprisonment to ship non- 
inspected meat products in the interstate or foreign trade, to trans- 
port the same, or in any way to evade or seek to nullify the provi- 
sions of the inspection law. Establishments which are subject to in- 
spection are given, on application for the extension of the inspection 
service to such establishments, a serial number, and persons who 
are exempt under the law and who wish to engage in shipments in 
interstate trade are given certificates which warrant the transporta- 
tion company in accepting their products. Evidence of compliance 
with the law is required by every transportation company to ac- 
company each shipment of meat products in order that it may not 
unwittingly violate the provision of the law prohibiting such trans- 
portation and making the transportation companies liable. Animals 
which are condemned as unfit for slaughter and carcasses and parts 
of carcasses which have been condemned are required to be either 
separately slaughtered in the former case, or in the latter cases dis- 
colored by some substance which will render them entirely unfit for 
food. Locked rooms are required for the rentention of meat which 
is subject to further investigation as to its unhealthful characteristics 
and other locked rooms, the keys of all of which are in the custody 
of the inspectors, are required for the retention of condemned meats, 
while the steam tanks and converters in which such meat is rendered 
are sealed up under the direction of the inspector and can only be 
opened by him or in his presence. 

Regulations for the dress and sanitary surroundings of the em- 
ployees of packing houses and of the sanitary condition of the 
houses themselves are made by the Secretary of Agriculture under 
the tenns of the law referred to. Heavy penalties are imposed by 
the law upon inspectors and others who shall attempt to defeat the 
requirements of the law and bribing the inspectors or giving them 
any valuable thing whatsoever is made punishable. Inspectors are 
appointed as the result of a Civil Service examination which was 



742 THE AMERICAN GOVERNMENT. 

held some time since and which included the technical subjects in- 
volved. A very large eligible list was established by this examina- 
tion and no further examinations will be held for some time. 

Besides the slaughter house inspection described above, the Bu- 
reau of Animal Industry carries on an inspection of food animals 
about to be exported, retaining those from shipment which are in 
any way diseased or which have been exposed to a contagious dis- 
ease and enforcing the provisions of the law and the regulations of 
the department relative to the conditions which must be provided 
on shipboard to insure the comfort and safety of the animals during 
the voyage. 

In order to prevent the excessive suffering of animals undergoing 
land transportation in the United States it is provided by law that 
no animal shall be confined in cars for more than twenty-eight hours 
during one period without being unloaded and allowed to rest, be- 
sides being fed and watered, the rest period being at least five hours. 
Upon request of the shipper and under certain circumstances the 
period of continuance in the cars may be extended to thirty-six 
hours, but under ordinary circumstances if animals are retained in 
cars for longer than twenty-eight hours the railroad so retaining 
them is liable to a fine of not less than one hundred or more than 
five hundred dollars. The inspection necessary for the enforcement 
of this law is performed by the Bureau of Animal Industry under the 
direction of the Secretary of Agriculture and violations of the law 
are reported by the Department of Agriculture to the Department 
of Justice, which instructs United States Attorneys to bring suit 
against the railroads to collect the fines contemplated by law in each 
case. 

For the prevention of the introduction of contagious diseases 
among animals in the United States from abroad, and also for the 
purpose of preventing the spread of such diseases from one section 
of the United States to another, the Secretary of Agriculture is given 
extensive powers to fix and enforce quarantine limits within which 
animals suffering from contagious diseases, or which have been ex- 
posed to such diseases, can be retained until the danger of contagion 
is passed. For the purpose of preventing the introduction of foreign 
diseases the Secretary of Agriculture is given power to name the 



THE AMERICAN GOVERNMENT. 743 

ports at which only importation of animals can be made. These are 
as follows : 

On the Atlantic seaboard : Boston, Mass. ; New York, N. Y. ; and Balti- 
more, Md. On the Pacific seaboard : San Francisco, San Diego, Cal., and 
Port Townsend, Wash. Along the boundary line between the United States 
and Mexico : Nogales, Ariz. ; El Paso, Eagle Pass, Laredo, and Browns- 
ville, Tex. Along the border or boundary line between the United States 
and Canada : Vanceboro, Houlton, Van Buren, and Fort Fairfield, Me. ; 
Beecher Falls, Island Pond, Newport, Richford, and St. Albans, Vt. ; Rouse 
Point, Hogansburg, Massena, Ogdcnsburg, Cape Vincent. Clayton, Char- 
lotte, Niagara Falls, and Buffalo, N. Y. ; Detroit, Port Huron, and Sault 
Ste. Marie, Mich. ; and Pembina, N. Dak. 

The following-named stations are designated for the entry of animals 
which are subject to inspection only, viz.: Eastport and Calais, Me.; Derby 
Line, North Troy, Alburg, and Swanton, Vt. ; Moores Junction, Chatcaugay, 
Fort Covington, Malone, Waddington, Morristown, Lisbon, and Alexandria 
Bay, N. Y. ; Blaine, Sumas, and Seattle, Wash. 

At these points, besides the examination and detention of animals 
to determine whether they have any form of communicable disease, 
identification is also made of animals which are oflFered for free im- 
portation under the law intended to promote the quality of the stock 
raised in the United States and which provides for the entry free of 
customs duty of registered animals of known pedigree. Imported 
animals, after having undergone the necessary inspection to deter- 
mine whether they are likely to communicate any disease to other an- 
imals in the United States, are allowed entrance, while diseased ani- 
mals may be killed, and under certain conditions the owners can be 
reimbursed from the Treasury of the United States for the value of 
the animals. If, however, the Secretary of Agriculture has issued a 
proclamation stating the existence of a contagious disease at some 
foreign point and prohibiting the importation of a given class of 
animals or all classes of animals from that point, the importation is 
made at the owner's risk and he cannot be reimbursed if it is found 
necessary to kill the animals on account of having or having been 
exposed to the disease against which the quarantine is being en- 
forced. 

The Secretary of Agriculture, his functions in this respect being 
largely exercised by the Bureau of Animal Industry, has the power 
to declare a quarantine of any State, Territory, or the District of" 



744 THE AMERICAN GOVERNMENT. 

Columbia, or any portion thereof, when he deems it necessary for 
the prevention of the spread of any infectious or communicable dis- 
ease among domestic animals. Railroad companies are prohibited 
from transporting animals from such districts, and persons are pro- 
hibited, under penalty, from driving or transporting animals which 
have been exposed to contagion, or which are within the quarantine 
district, to another part of the United States. It is further provided 
in order to secure against the spread of various diseases that in- 
spections may be made by the officers of the Bureau of Animal In- 
dustry, of animals sold in interstate commerce, and that domestic an- 
imals certified as being free from contagion may be transported free- 
ly, while non-inspected animals are subject to such restrictions and 
retentions as the Secretary of Agriculture may prescribe. 

The Bureau of Animal Industry, being at all times charged with 
the investigation of the causes of infectious diseases among animals 
and of means for their prevention and cure, stands ready to co-op- 
erate with State authorities in the measures necessary to stamp out 
any epidemic. The Federal Bureau has, however, no powers except 
with relation to the transportation of animals in interstate commerce, 
and its functions in regard to a purely State epidemic is advisory 
except so far as relates to the removal of animals from the location 
in which the disease is prevalent. 

In addition to the foregoing inspection, the inspectors of the Bu- 
reau of Animal Industry are charged with the oversight of estab- 
lishments where renovated butter is made and with reporting upon 
the different processes followed in making a marketable article from 
unsaleable butter, the operation of such inspection having been ar- 
ranged by consultation between the Secretary of the Treasury and 
the Secretary of Agriculture, who are jointly charged with carrying 
out the terms of the law imposing a stamp tax upon renovated or 
other forms of re-worked butter. Inspectors of the Bureau of An- 
imal Industry determine whether such product is properly marked 
and stamped, besides maintaining a general oversight of the dairy 
products business in order to detect violations of the law. In addi- 
tion to the foregoing very considerable inspection duties, the Bureau 
of Animal Industry conducts experiments in the breeding and rais- 
'ing of all of the usual domestic animals as in the methods of secur* 



THE AMERICAN GOVERNMENT. 745 

ing the best results in connection with dairy products, including the 
manufacture, keeping and marketing of such commodities. 

THE BUREAU OF CHEMISTRY. 

The Bureau of Chemistry, originally a subsidiary bureau of the 
Agricultural Department, devoted to making the necessary chemical 
analyses required by the work of the other bureaus, has come, under 
the operation of recent legislation, to be the second of the considera- 
ble inspecting bureaus of the Department of Agriculture. In the 
intense commercial competition of the United States, especially in 
food stuffs, the fact that appearance and price were the largest 
factors in securing the sale of any given article, brought about, in 
the absence of any legislation on the subject, very considerable adul- 
teration in most articles of food, in some cases an entire substitution 
of articles of only a remote resemblance for the food stuffs which 
were staple articles of commerce. The existence of such frauds on 
the public has been long commented on and recently, through the 
establishment of State departments for the investigation of such ad- 
ulteration and the passage of State laws to prevent the sale of arti- 
cles except under brands and labels which would truly denote the 
contents of the packages, the matter has been given national signifi- 
cance, so that the State laws were supplemented in 1906 by national 
legislation which prohibited the introduction into any State or Ter- 
ritory from any other State or Territory of any adulterated or mis- 
branded article of food, the prohibition being also extended to drugs. 
Similar provisions have been in effect with regard to articles of food 
and drugs imported from foreign countries for some years, but the 
legislation is now made general in scope, and the Bureau of Chem- 
istry of the Agricultural Department has charge not only of formu- 
lating the regulations under the law, but of carrying out its pro- 
visions as well through the medium of inspectors who report upon 
infractions of the statute. 

Drugs are deemed to be adulterated if they differ from the stand- 
ard of strength, quality, or purity as determined by the tests laid 
down by the United States Pharmacopoeia or the National Formu- 
lary ; confectionery is deemed to be adulterated if it contains mineral 
substances or poisonous color or flavoring, or any alcoholic liquors 



746 THE AMERICAN GOVERNMENT. 

or compounds, or any narcotic drugs. Food is deemed to be adul- 
terated if any substance has been mixed with it so as to reduce its 
quality and strength or if any valuable constituent of the article has 
been wholly or partly abstracted ; if any article has been substituted 
wholly or in part for the article to be sold, if the food contain any 
poisonous or other injurious ingredients, or if it consists wholly or !n 
part of any decomposed matter, or of the flesh of an animal unfit 
for food. 

An article is deemed to be misbranded if its label does not contain 
a fairly accurate description of its contents, such label to be passed 
upon as to its accuracy by the Secretary of Agriculture acting 
through the Board constituted for this purpose. The penalties for 
the violation of the terms of this Act are a fine of not more than 
two hundred dollars for the first offense, and a fine of three hundred 
dollars or imprisonment for not more than one year for the second 
offense. The Secretary of Agriculture, the Secretary of the Treas- 
ury and tbe Secretary of Commerce and Labor are empowered to 
make joint regulations for the enforcement of this law, owing to the 
aspect which it has with relation to the Customs Service and inter- 
state commerce. The chief executive work in regard to it is, how- 
ever, carried out by the Bureau of Chemistry, whose inspectors re- 
port instances of the violation of the law. All analyses for the pur- 
pose of determining the exact character of the contents of packages 
oflfered for sale are made by the Bureau of Chemistry, and if, upon 
report by that Bureau, it seems probable that a violation of the law 
has been committed, the person responsible for the act is cited to 
appear before the Secretary of Agriculture, whose functions in this 
respect are exercised by the Chief of the Bureau of Chemistry, the 
vSolicitor of the Department of Agriculture, and the Assistant Chief 
Chemist. So far as possible the manufacturer of the article is made 
responsible for the violation which may be found to have been com- 
mitted, but the wholesale or retail dealer is also liable if he is not 
able to show a guarantee from the manufacturer that the goods re- 
ferred to come within the provisions of the law. The person alleged 
to have offended, having been cited to appear before the Board 
above mentioned, is given an opportunity to present any defense or 
statement that he may deem to be appropriate, and if, after hearing 



THE AMERICAN GOVERNMENT. 747 

this statement, the Secretary of Agriculture is advised that there 
has been a violation of the law, he certifies the fact to the Department 
of Justice which, in turn, sends the papers to the appropriate District 
Attorney who is required by law to prosecute all violations of the 
Pure Food Act and secure the punishment of the offenders. Articles 
which have been imported in violation of the law, and whose man- 
ufacturers are beyond the jurisdiction of the United States are sub- 
ject to seizure and to condemnation, and similar seizure is practica- 
ble in the cases of articles adulterated or misbranded for the removal 
of the articles from the usual avenues of commerce, either with or 
without the punishment of the persons who may be responsible for 
the violation of the law. 

The Bureau of Chemistry has carried on for a number of years an 
exhaustive series of investigations and experiments relative to the 
adulteration of foods and also as to the effect of preservatives used 
in the preparation of staple foods upon the human system. Such 
investigation has been carried on not only through chemical analy- 
sis, but by means of what has been known as the "poison squad," 
composed of young men most of whom were employees of the De- 
partment of Agriculture, and who committed themselves to a series 
of tests including taking the chemical substances used as preserva- 
tives in various amounts, the result of such experiments having 
added materially to the knowledge of the world on such subjects. 

The function of the Bureau of Chemistry with relation to the 
Department of Agriculture is, of course, a most important one since 
chemistry is inseparable from modern agricultural operations. The 
Bureau makes investigations into the relation of food products to 
the subject of nutrition, as well as for the purpose of determining the 
constituents derived by agricultural products from the soil, fertili- 
zers, and the air. It has special activities with relation to fertilizers, 
analyzing the various soils submitted to the Bureau, and determining 
the lack of chemicals which would probably add to the fertility of 
the soils in question and which should be added by use of fertilizing 
materials. It reports upon the chemical characteristics of com- 
mercial fertilizers and co-operates with the chemists at the various 
experiment stations in the determination of problems relating to ag- 
ricultural chemistry. The Bureau also carries on such chemical in- 



748 THE AMERICAN GOVERNMENT. 

vestig-ations as may be brought to its attention by other departments 
of the Government, and is frequently called upon for analyses and 
determination of the quality of supplies furnished to the Departments 
which do not maintain divisions having to do with chemistry. 

THE BUREAU OF STATISTICS. 

The prices of agricultural products are largely determined in ad- 
vance upon the basis of the probabilities relative to the crop of the 
world. Leaving out of consideration the speculative market, the 
prices which would be demanded for the great agricultural staples 
of the United States would in any event be based to a considerable 
degree upon the stock in hand abroad and the prospect of competi- 
tive offering of agricultural products in the world's market from 
other sources than the agricultural lands of the United States. In 
order to provide the agricultural interests of this country with all 
the information obtainable on this subject a Bureau of Statistics is 
maintained in connection with the Department of Agriculture which 
collects information as to crops, both at home and abroad. The 
domestic information is secured from a corps of county and State 
reporters, who serve without compensation and whose work is 
checked up by a number of paid, skilled agents operating in different 
sections of the United States. The information with regard to for- 
eign crops is Jr^ecured through the Consular Service, and the figures 
received are collated and tabulated by the Bureau of Statistics and 
furnished to the public in the form of monthly crop reports. These 
reports cover not only the grain crops, but the cotton crop as well, 
and market prices are considerably affected by the nature of the 
statements made. The utmost care is exercised that the result at- 
tained by the compilation of the reports from the different reporters 
and agents shall not reach outside persons interested in the returns 
in advance of the general publication. By means of collusion with 
employees such information was at one time utilized by individuals 
to secure considerable profits by trading in the speculative market, 
and since that time the compilation of the figures has been done un- 
der strict safeguards, and the results must be approved and certified 
by the Secretary of Agriculture before they can be made public. 

Besides this function of crop reporting, the Bureau of Statistics 



THE AMERICAN GOVERNMENT. 749 

investigates market conditions abroad and carries on a series of com- 
pilations and tables showing the fluctuation of supply and demand, 
and the Bureau is maintained for the purpose of affording as much 
information as possible as to the conditions of foreign markets for 
American agricultural products and the best method of taking ad- 
vantage of the world's requirements for food stuflfs. 

THE OFFICE OF EXPERIMENT STATIONS. 

The only direct undertaking of an educational character by the 
United States except in Alaska consists in appropriation for the 
partial maintenance of the schools for teaching agriculture and the 
mechanic arts which have been established by the various States 
and Territories and which have received annual appropriations from 
the proceeds of the sale of the public lands of the United States. 

Such assistance has formerly depended for its extent upon the 
amount accruing from the sale of land in each State and Territory, 
but by recent legislation stated sums are to be appropriated for the 
assistance and support of the agricultural colleges, being thirty-five, 
forty and forty-five thousand dollars, respectively, until July i, 1911, 
when fifty thousand dollars a year will be available for the purposes 
of each school. It is required that this amount must be equally di- 
vided where separate schools are maintained for white and colered 
students, and if discrimination is practiced against colored students 
the appropriation for the State ceases. If any part of the funds ap- 
propriated become lost by reason of the fault of the State authori- 
ties they must be replaced by the State, otherwise further appropria- 
tion will be cut off. In addition to the appropriations made for the 
support of the colleges an annual appropriation of twenty thousand 
dollars each is made for the assistance of the agricultural experiment 
stations generally maintained in connection with the State agri- 
cultural colleges, although provision is made by which an independ- 
ent agricultural station in a State may be assisted. The work re- 
quired of the experiment stations is as follows : 

To conduct original researches or verify experiments on the 
physiology of plants and animals: 

The diseases to which they are severally subject, with the remedies 
for the same; 



750 THE AMERICAN GOVERNMENT. 

The chemical composition of useful plants at their different stages 
of growth; 

The comparative advantages of rotative cropping as pursued under 
a varying series of crops ; 

The capacity of new plants or trees for acclimation; 

The analysis of soils and water; 

The chemical composition of manures, natural or artificial, with 
experiments designed to test their comparative effects on crops of 
different kinds; 

The adaptation and value of grasses and forage plants; 

The composition and digestibility of the different kinds of food 
for domestic animals ; 

The scientific and economic questions involved in the production 
of butter and cheese ; 

And as far as practicable, all such stations are required to devote 
a portion of their work to the examination and classification of the 
soils of their respective States and Territories, with a view to se- 
curing more extended knowledge and better development of their 
agricultural capabilities, and make such other researches or experi- 
ments bearing directly on the agricultural industry of the United 
States as may in each case be deemed advisable, having due regard 
to the varying conditions and needs of the respective States and 
Territories. 

In order to secure uniformity in methods and results in the work 
of the stations it is the duty of the Secretary of Agriculture to fur- 
nish forms for the tabulations of the result of the investigation ex- 
periments and to indicate from time to time such kinds of inquiry 
as seem most important, and in general to furnish advice and assist- 
ance that will best promote the purposes of the station. The Office 
of Experiment Stations has charge of this function of the Secretary 
of Agriculture, and, in addition, directly manages agricultural ex- 
periment stations in Alaska, Hawaii and Porto Rico. It also seeks 
to promote the interests of agricultural education and investigation 
throughout the United States, and collects and disseminates the re- 
sults of the work of the various stations, each of which is empowered 
to pubHsh a bulletin for free distribution, giving the result of its in- 
vestigations. The Office of Experiment Stations also exercises a 



THE AMERICAN GOVERNMENT. 751 

general supervision in an unofficial way over farmers' institutes 
throughout the United States, reporting upon the progress made by 
such meetings and affording as far as possible assistance to aid in 
their success. In addition to the other subjects of investigations 
mentioned, the Office of Experiment Stations also has charge of a 
series of problems relating to drainage and other topics pertaining 
to agricultural engineering. 

THE FOREST SERVICE. 

Another Bureau of the Agricultural Department which has had 
very considerable development during the past two years is that of 
the Forest Service. It was originally established as a means of 
investigation into the best methods of forest culture, and for the 
restoration of forest lands which had been denuded of their timber 
by lumbering operations. The scientific cultivation of forests has 
received much attention abroad, and forests as permanent invest- 
ments constitute a considerable part of the agricultural wealth of cer- 
tain foreign counties. The United States had paid little attention 
to conservation of forests prior to the establishment of this bureau, 
but in consequence of the enthusiastic work of the present head of the 
bureau, the dangers which arise from the destruction of forest areas 
are better understood and practical and economic plans for forest 
cultivation in different parts of the United States have been mapped 
out. Since 1891 the President has had power to set apart such por- 
tions of the public lands of the United States as he may deem ad- 
visable as public forests, and to establish the limits thereof. Such 
reservations were formerly under the direction of the Secretary of 
the Interior, but their administration was recently transferred to 
the Secretary of Agriculture, and the entire forest work of the Gov- 
ernment consolidated under the supervision of the Forest Division. 

The personnel of this Division, besides the Chief and the adminis- 
trative force in Washington, consists of rangers and wardens in 
charge of the forest reservations, and who prevent depredations 
thereon, and investigators and students employed in the field to carry 
on inquiries and experiments as to the best methods of handling 
forests and of securing forest growths on lands which have been 
stripped of their timber. Provision is made by law for the sale of 



752 THE AMERICAN GOVERNMENT. 

trees on forest reservations which have secured their full growth 
and which are ready for commercial use. 

Besides the functions performed by the retention of the forests in 
aid of agriculture, namely, to retain the moisture in the soil, prevent 
destructive storms and washings of agricultural soil, the national 
forests are expected to afford object lessons in the economical hand- 
ling of the timber lands as opposed to the destructive plan historical 
in the United States of removing the native timber without replacing 
it with sorts suitable for securing the greatest ultimate returns from 
the land. The Forest Division issues a considerable number of pub- 
lications devoted to subjects relating to the growth and use of tim- 
ber, as well as to the comparison of the usefulness of different sorts 
of wood, and is prepared to give advice to private persons as to 
modem methods of developing forest lands and of handling them so 
that they will return a steady income to the owners. 

THE BUREAU OF ENTOMOLOGY. 

The Bureau of Entomology of the Agricultural Department has 
charge of all matters relating to injurious insects affecting field crops, 
fruits, forests and forest products and agricultural products in store. 
This Bureau is one of those v/hich carry on the original function of 
the Department of Agriculture and has a most important relation 
to the farmer. It investigates all matters relative to the history and 
habits of insects which bear any relation to agricultural operations, 
determines the difference between injurious and favorable classes 
of insects, or rather seeks to determine which of the functions of in- 
sects are injurious and which beneficial to agriculture, and endea- 
vors to minimize and restrain the injurious effects by investigating 
methods proposed for the extermination of injurious insects, either 
by mechanical means or by the introduction of fungous growths, or 
other natural enemies of particular insects when the latter have 
exceeded the natural balance or relation between insect life and 
growing substances. It is also charged with investigations into the 
best methods of handling bees and produncing honey, and has for a 
long period been conducting a series of experiments intended to fa- 
cilitate the culture of the silk worm in the United States and the 
production of silk in this country. 



THE AMERICAN GOVERNMENT. 753 

From time to time there have been serious losses experienced by 
agricultural interests in different parts of the United States by rea- 
son of the prevalence of insect pests, either on account of importation 
from other countries, or from some cause not well known by which 
native species become over abundant. It has been the work of the 
Bureau of Entomology to endeavor to find a relief from such condi- 
tions and provision is now made by law for punishment by fine or 
imprisonment of any person who shall introduce an injurious or 
noxious insect into the United States. Such an introduction before 
the law went into effect of the brown tail and Gypsy moths has been 
the cause in the New England States of the expenditure of consid- 
erable amounts of money to check the ravages of the pests. The 
cotton boll weevil prevalent in the Southern States has been the sub- 
ject of extensive investigation by the Bureau of Entomology, and 
representatives of the Bureau have been sent to many foreign coun- 
tries to seek out and endeavor to introduce into the United States 
insects believed to be hostile to the weevil. Field operations are 
conducted by the Bureau in all parts of the United States, besides 
the investigations and experiments going on in Washington, and 
representatives are sent abroad to secure information and specimens 
of insects which are believed to be of value to the agricultural inter- 
ests of this country. Among the other undertakings of the Bureau 
was that to exterminate a growth which was ruining the orange 
crop of California, the character of which was determined by the 
Bureau, and the cure applied in the introduction of an insect which 
fed upon the noxious growth and reduced it to the normal propor- 
tion. 

The losses in grain and other agricultural products which are 
stored waiting for a market or consumption through insect life are 
of course considerable, and it is one of the functions of the Bureau 
of Entomology which has added considerably to the agricultural 
wealth of the country to determine the conditions under which agri- 
cultural products can best be stored, with a view to a minimum of 
incidental loss. 

THE BUREAU OF BIOLOGICAL SURVEY. 

The Bureau of Biological Survey of the Agricultural Department 
has a similar function to that of the Bureau of Entomology, which is 



754 THE AMERICAN GOVERNMENT. 

exercised with regard to birds and mammals of the United States. 
It has also, however, an additional survey function, in determining 
the natural geographic location of animals and plants of this coun- 
try, and is engaged in the preparation of a series of maps giving 
the zones within which the respective classes of animal and plant 
life have their natural location. With reference to agriculture, it 
examines birds and mammals, and inquires into their habits, for the 
purpose of determining whether they are injurious or beneficial to 
the agricultural interests and recommends means for securing the 
increase of beneficial birds and mammals and the destruction of in- 
jurious specimens. 

In order that the provisions of the various State laws with regard 
to the protection of game may not be nullified, it is provided by Fed- 
eral statute that the importation of certain birds and animals which 
might be offered for sale in the markets and not to be distinguished 
from State-killed game of similar character, is prohibited. The im- 
portation of noxious animals and birds, injurious to the agricultural 
interests, is also prohibited under a similar manner to that against 
the importation of noxious insects, though the former legislation 
antedates the latter. ■ The details relating to the enforcement of these 
various laws, as well as of the laws designed for the preservation of 
game in Alaska, are under the direction of the Bureau of Biological 
Survey. 

THE BUREAU OF SOILS. 

The. functions of the Department of Agriculture relating to the 
cultivation of food crops" are especially under the charge of two 
Bureaus, the Bureau of Soils and the Bureau of Plant Industry. 
The former has charge of the investigations carried on by the De- 
partment into the characteristics of the soils of the United States, 
and makes a careful examination of the composition of the different 
soils with regard to their availability for the production of particular 
crops. The bureau is engaged in the preparation of comprehensive 
atlases, covering the whole of the United States, and which show 
graphically the nature of the soil in any given locality. A special 
branch of the investigation of this Bureau consists of the consider- 
ation of the methods of reclaiming the soils in the West, which are 
rendered unfit for agriculture by reason of an excess of alkali, and 



THE AMERICAN GOVERNMENT. 755 

the work of the Bureau in this respect bears a close relation to the 
work of irrigation, for the reason that over-irrigation brings about 
certain conditions from the extra deposits of alkali that threatens in 
some cases to nullify the work that has been done by bringing water 
to the land. The Bureau of Soils also has charge of the investiga- 
tions relative to tobacco culture, beginning with the determination 
of lands suitable for tobacco culture, and including the final processes 
of making the tobacco ready for the market. In this connection it 
has introduced the growing of tobacco under shelter, by which an 
equivalent of the imported loaf has been secured in certain parts of 
the United States. The Bureau of Soils has also to do with the 
subject of fertilizers, their composition and their adaptability to dif- 
ferent branches of agricultural work. In this connection a remark- 
able series of experiments has been made by the Agricultural De- 
partment in the development of artificial means for securing nitro- 
genous products in the soil through the inoculation of soils with bac- 
illi which perform a similar function to that performed by clover and 
other nitrogenous fertilizing crops. 

THE BUREAU OF PLANT INDUSTRY. 

The Bureau of Plant Industry studies plant life in all its relations 
to agriculture, investigates plant diseases and carries on field tests, 
together with experiments and projects in economical farm manage- 
ment. It conducts explorations in foreign countries for new seeds 
and varieties of plants and administers the Congressional seed distri- 
bution, a not altogether creditable aspect of Federal activities. A 
very large appropriation is made annually for the purchase of seeds 
for distribution by Congressmen to their constituents, the practice 
being based upon the earliest theory of the Department of Agricul- 
ture, namely, that of the introduction of new sorts of useful plants 
into the United States. Owing, however, to the very large propor- 
tions of the distribution, it is wholly impossible to distribute other 
than the most common and plentiful vegetable and flower seed, and 
the markets have frequently to be drained in order to secure a suffi- 
cient supply of usual commercial seeds. The abuse involved in this 
distribution has been the subject of frequent notice by the Secretary 
of Agriculture and by others, but has not yet been cured. The large 



756 THE AMERICAN GOVERNMENT. 

amount of seeds purchased for this distribution are made up by con- 
tract into small packets, several thousand of which are allotted to 
each Congressman and sent out under frank, without expense, most 
of them falling into the hands of persons who use them for the prep- 
aration of small domestic gardens and without relation to the agri- 
cultural interests of the country at large, for the reason that the 
quality furnished is, to say the least, doubtful, so that a professional 
agriculturist would not usually take the chance of loss of his time in 
attempting to cultivate the seed furnished. A small allotment of the 
rarer and more valuable seeds and plants, cuttings and bulbs is 
made, but the number of each furnished is so small as to be unap- 
preciable. 

The Bureau of Plant Industry has charge of the details of the 
investigation imposed upon the Secretary of Agriculture of testing 
seeds bought in open markets and making a report as to the results 
obtained from such investigations. The Bureau also has for a num- 
ber of years conducted experiments which have proved to be suc- 
cessful in the production of tea in the United States, and is also en- 
gaged in a series of important and valuable experiments in develop- 
ing new varieties of fruits, and improving other varieties already 
known, together with a series of investigations into the best methods 
of handling and marketing various fruits produced in the United 
States, and the extension of the zones within which the various 
sub-tropical fruits can be grown. 

The plants in the Western grazing country which are injurious to 
stock have been made the special subject of investigation by the 
Bureau of Mant Industry, for the purpose of determining the quali- 
ties which cause such injurious and practicable methods of eradi- 
eating noxious plants. It also investigates the characteristics of drug 
plants native within the United States, and the methods of the im- 
provement of their medicinal qualities, and seeks to introduce new 
and valuable plants of this character for growth in the United States. 

ROADS AND PUBLICATIONS. 

In connection with the general movement throughout the United 
States for the improvement of roads, especially in agricultural com- 
munities for the better communication and increased economy in the 



THE AMERICAN GOVERNMENT. 757 

movement of crops, the Department of Agriculture has established 
an office of good roads, which is charged with the duty of collecting 
information in regard to the good-roads movement, and as to the 
best methods of making roads under the differing conditions in the 
United States. It conducts tests as to road materials, and methods 
of road-making, and gives demonstrations when practicable of the 
results secured by its specifications. In this, as in all other lines of 
investigation by the Agricultural Department, the fullest publicity is 
given to all definite results secured. Each of the Bureaus places the 
records of its investigations and experiments in print in convenient 
form, in the nature of bulletins and similar publications, which are 
made available, without cost, to any person who may request them. 
A Division of Publications is maintained in the Department of Agri- 
culture, which is charged with the duty of editing, directing the 
printing, and disseminating the various publications of the Depart- 
ment. Besides the annual report, very large editions of monographs 
of different topics relating to agriculture are printed for distribution 
by members of Congress, and on a very large number of subjects. 
A seeker for information has only to indicate his wishes to the De- 
partment to be furnished with literature on the subject covering the 
latest discoveries and the results of the most advanced investigations 
in the science of agriculture. 

THE WEATHER BUREAU. 

If it was desired to mention a function of the Federal government 
which has been entirely beyond the contemplation of the founders 
of the Constitution, no better example could be instanced than the 
Weather Bureau, an entirely gratuitous activity of the general gov- 
ernment, without reference to other governmental functions and 
legalized only by the general welfare clause of the Constitution. 
Begun in 1870 in consequence of the growing interest in matters 
relating to meteorology and for the purpose of giving storm warn- 
ings to vessels, it was at first under the direction of the Army, be- 
cause of the necessary duties of the Signal Corps to maintain tel- 
egraphic service to complete the gaps in private operation so that 
the Government could have comprehensive communication with all 
the points of its activity throughout the States and Territories. Its 



758 THE AMERICAN GOVERNMENT. 

extension and development utilized the services of the highly trained 
men composing the personnel of the corps until as a scientific bureau 
of great merit it was removed from the jurisdiction of the War De- 
partment in 1890 and transferred to the Department of Agriculture. 
Although nominally under the direction of the Secretary of Agri- 
culture, the Weather Bureau is, in effect, an independent institution 
removed in location from the Department proper and having its own 
organization and operation with little reference to the work of the 
main Department of Agriculture. A portion of the personnel of the 
Weather Service was transferred from the Signal Corps of the Army 
with the transfer of the Bureau and were granted specific exemp- 
tion and preference in employment under the Bureau. The personnel 
of the Bureau is subject to assignment and transfer by the Secre- 
tary of Agriculture, but his functions in this respect are performed 
by the Chief of the Weather Bureau, who has practically independ- 
ent control of the operations of the Service. The Chief of the 
Weather Bureau is appointed by the President by and with the ad- 
vice and consent of the Senate and receives five thousand dollars a 
year. He has charge of the forecasts of the weather, the system of 
distribution of cold-wave warnings ; the flood-warning system ; the 
system of collating and distributing reports of the condition of crops ; 
the system of frost warnings ; the special forecasts for the benefit of 
outgoing trans-Atlantic steamers and the marine interests of the 
Great Lakes ; the extensive display of forecast cards, weather maps, 
and climate and crop bulletins in all the States and Territories ; the 
issue of snow and ice charts and other publications and is the head 
of the investigations of the Government into the science of meteor- 
ology. 

The central office of the Bureau is located at Washington, D. C. 
Two forecasts are issued daily fo reach State and Territory, one 
about 10 a. »n. and the other about 10 p. m. Both of the forecasts 
are based on the telegraphic reports of observations taken two hours 
previously, the interval being occupied in collecting, collating, and 
charting the reports, and in preparing and issuing the forecasts. The 
morning forecasts are made to cover a period of thirty-six hours, or 
till 8 p. m. of the following day, and are issued from the central 
office or from certain selected stations designated as forecast centers. 



THE AMERICAN GOVERNMENT. 759 

The evening forecasts cover the period of forty-eight hours, or till 8 
p. m. of the second day after they are issued, and, with few excep- 
tions hereafter noted, always emanate from the central office. Tele- 
praghic reports are received from regular stations of the Weather 
Bureau situated in various parts of the United States and on the 
islands of the adjacent seas, and, by a system of exchange, from 
Mexican stations and stations of the Dominion of Canada. Daily 
reports by cable are received from the Azores and from several lo- 
calities in western Europe. The Canadian reports are invaluable to 
the forecaster, since they often furnish the first indications of marked 
changes in the weather of the northern half of the United States. 
Besides the regular stations there are 132 special river stations, 48 
special rainfall stations, about 3,000 stations where observations are 
recorded by voluntary observers of the climate and crop service of 
the Bureau, and a number of other stations which co-operate with 
the Bureau, although not under its direct supervision. Voluntary 
observers receive no pay, but they are furnished with the Weather 
Bureau publications. They are provided with instruments by the 
Bureau, and take observations daily at a regular hour. Their instru- 
mental equipment comprises, as a rule, only an instrument shelter, 
a maximum and a minimum thermometer, a rain gauge, and a grad- 
uated rule for rainfall measurements. Their records of observation 
show, for each day, the highest and the lowest temperature, the rain- 
fall, the percentage of cloudiness, the direction of the wind, and the 
occasional special phenomena observed. These data are sent regular- 
ly to the climate and crop centers of their respective districts or 
States, where weekly or monthly bulletins are compiled and pub- 
lished for the information of those especially interested in crop con- 
ditions. 

Each Weather Bureau station has its official in charge, who con- 
ducts all the work under instructions from the chief of the Bureau. 
The number of assistants depends, of course, upon the amount of 
work to be done. About fifty of the smallest stations have none ; at 
the others, the number varies from one to eight or nine. At centers 
of forecast districts, such as Washington City, Chicago, and San 
Francisco, the official in charge has the rank of professor or district 



76o THE AMERICAN GOVERNMENT. 

forecaster ; at storm-warning section centers, as well as at climate and 
crop section centers, his rank is usually local forecaster or director. 
In most other cases he has the rank of observer. The observers are 
of several grades, the classification depending upon length of ser- 
vice, efficiency, industry, fitness, educational qualifications, conduct, 
etc. Vacancies in the position of observer are filled from the eligible 
list of those who have passed the required civil-service examination 
in meteorology and the ordinary English branches and algebra. The 
age limit of appointees is i8 to 30 years. Nearly all stations have 
messenger boys. Applicants for the position of messenger are re- 
quired to take a civil service examination, and the age limit for ap- 
pointees is 16 to 20 years. A printer is also included in the regular 
force at some stations. 

During the half hour from 7.30 to 8 a. m. the observer at every 
station is taking the regular morning observation and preparing a 
telegraphic report of the meteorological conditions. He observes 
(from the roof) the condition of the sky; the direction of the wind; 
the clouds, their amiount, kind, and direction of movement; and he 
scans the sky carefully for the appearance of any unusual phenome- 
na ; he measures the precipitation, rain, snow, sleet, or hail ; reads the 
four thermometers — the dry, the wet-bulb, the maximum, and the 
minimum ; records all these observations on the blank form provided 
for the purpose; and "sets" the self-registering thermometers for 
another twelve-hour period of registration. He then returns to the 
office and finishes the observation, which further includes the reading 
of the barometer and the wind direction and velocity, and also the 
"checking" of the readings with those of the self-registering instru- 
ments. He then makes the calculations necessary to reduce the 
barometer reading to sea level, and completes the record of his ob- 
servations, taking great care to avoid the slightest error in any part 
of the record. In telegraphing the report a cipher code is in use at 
all stations. The following sample message and translation will illus- 
trate the utility and economy of the code. It will be seen at a glance 
that the number of words saved is the difference between the words 
found in the message and the number of words used in writing the 
observation out in full. 



THE AMERICAN GOVERNMENT. 761 

Regular 8 a. m. report. 

Memphis, Target, Lugmark, Geyser, Buforite, Kirby, Tally, Frost, 
Chamois. 

Translation of the cipher zvords. 

Memphis (telegraphic designation of station) : Memphis, Tenn. 

Target (pressure and temperature): Barometer, 29.92; tempera- 
ture, 44 degrees. 

Lugmark (precipitation for twenty-four hours, all of which fell 
before 8 p. m.) : Precipitation, 0.52 inch. 

Geyser (direction of wind, state of weather, and maximum ther- 
mometer) : Direction of wind, southeast; state of weather, cloudy; 
maximum temperature, 84 degrees. 

Buforite (current wind velocity and minimum temperature) : Cur- 
rent wind velocity, 10 miles per hour; minimum temperature, 38 
degrees. 

Kirby (decrease in pressure during two hours previous to observa- 
tion, barograph record) : Decrease in pressure, o.io inch. 

Tally (river observation) : Water level, 10 feet above zero of 
gauge, and falling. 

Frost: Light frost at station or in vicinity. 

Chamois (amount, kind, and direction of cloud, lower) : Amount, 
8 to 10 tenths; kind, stratus; direction moving from, south. 

The average number of cipher words in observation messages is 
probably about five for each station. 

The messages are transmitted over telegraphic "circuits," and are 
received simultaneously at all places on the same circuit. 

A similar course is pursued when the messages are transferred 
from one circuit to another, so that each telegraphic office sends the 
report from its own station but once. The reports are "all in" at 
about 10.30 a. m. As soon as each sheet of the cipher messages is 
received at a Weather Bureau office the observers rapidly enter the 
data on geographical charts of the United States. Isobars (lines of 
equal barometric pressure) and isotherms (lines of equal tempera- 
ture) are then drawn, to show the distribution of these elements. 
Auxiliary charts are also drawn, to show the distribution of rainfall 
and the changes in temperature and pressure during the last 24 hours 



762 THE AMERICAN GOVERNMENT. 

and the last 12 hours, as indicated by the reports. These duties must 
be performed rapidly and accurately, and when completed the charts 
are ready for the forecaster. This stage of the work is reached at 
practically the same time at every station in the country. About this 
time the State or general forecast is received from the district center, 
and the local forecaster prepares a forecast for his city and vicinity. 

About 100 of the larger stations issue a daily weather map. This 
consists of a chart showing the weather conditions at the various 
stations whose reports have been received, the forecasts of the weath- 
er and temperature during the next 3|6 hours for the city and State in 
which the station is located or the map displayed, and a summary of 
the general weather conditions during the past 24 hours. All warn- 
ings received from the forecast center before going to press are 
printed conspicuously on the map. The maps of stations in the agri- 
cultural and fruit sections give special prominence to frost warnings ; 
those on the seaboard to storm warnings and the expected direction 
and force of the wind ; those situated on rivers to flood warnings and 
to forecasts of the rise and fall of the rivers. 

At every station an observation is taken at 8 p. m. This is of the 
same character as that taken at 8 a. m. No maps are printed in the 
evening, but the telegraphic reports of observations are sent, received 
and charted, as a rule, in the same manner as the morning reports. 
At climate and crop centers the evening forecasts for the following 48 
hours are sent out on forecast cards for the benefit of the agricultural 
interest, and, through the rural free-delivery routes, reach a large 
number of farmers the following morning. When storm warnings, 
cold-wave warnings, flood warnings, etc., are received at night they 
receive the most prompt and effective distribution practicable at that 
time. At many important stations the night observer is required to 
telephone regularly some of the information contained in the 8 p. m. 
reports. At Cleveland, Ohio, for example, the two passenger steam- 
ship lines for Buffalo and Detroit are informed every evening as to 
the conditions existing at stations' on Lake Erie and on Lake Huron, 
and the weather that is expected during their night trips. 

It is admitted that the work of the Weather Bureau is not and 
cannot be absolutely accurate, for the reason that such a small part 
of the phenomena of the air is understood. Great care and accuracy, 



THE AMERICAN GOVERNMENT. 763 

however, are required of observers, and only the most highly trained 
men of the corps are allowed to make forecasts, most of the stations 
of the Weather Bureau being stations for observation only, and only 
made from stations in charge of the higher class of the subordinates 
of the Bureau. Promotions from the lower-salaried observers 
are made as the result of examinations, and qualified observers are 
promoted successively through different grades to the position of ob- 
server in charge of a forecast station, and to the higher position of 
Professor of Meteorology, in charge of the more important 
stations, and also of the investigations carried on into atmospheric 
phenomena. 

Besides the daily forecasts sent out from Washington and from 
the forecast centers, and which are furnished as matters of public 
information to newspapers and posted in conspicuous places, besides 
being sent generally to persons who may apply for the service, a sys- 
tem of storm and cold wave warnings is maintained, together with a 
system by which private persons may display flags indicating the 
different characteristics of temperature. The storm warnings along 
the seacoast and on the Great Lakes have proven of great advantage 
to mariners, and are as follows : 

A red flag with a black center indicates that a storm of marked violence 
is expected. The pennants displayed with the flags indicate the direction of 
the wind: red, easterly (from northeast to south); white, westerly (from 
southwest to north). The pennant above the flag indicates that the wind is 
expected to blow from the northerly quadrants ; below, from the southerly 
quadrants. By night a red light indicates easterly winds, and a white light 
above a red light, westerly winds. 

Hurricane warning. — Two red flags with black centers, displayed one 
above the other, indicate the expected approach of a tropical hurricane, or 
one of those extremely severe and dangerous storms which occasionally move 
across the lakes and northern Atlantic coast. No night hurricane warnings 
are displayed. 

Flags are also used in displaying weather forecasts, white for fair 
weather ; blue, rain or snow ; blue and white, local rain or snow. The 
temperature flag is a black pennant and when placed above the weath- 
er flags it indicates warmer ; when below, colder ; when it is not dis- 
played the temperature is expected to remain about stationary. Dur- 
ing the late spring and early fall the cold-wave flag, which is white 
with a black center, is also used to indicate anticipated frosts. 



764 THE AMERICAN GOVERNMENT. 

Whistle signals have also been arranged as follows : 
A warning blast of from fifteen to twenty seconds duration is 
sounded to attract attention. After this warning the longer blasts 
(of from four to six seconds duration) refer to weather, and shorter 
blasts (of from one to three seconds duration) refer to temperature. 
Those or weather are sounded first. 

Blasts. Indicate. 

One long Fair weather. 

Two long Rain or snow. 

Three long Local rain or snow. 

One short Lower temperature. 

Two short Lligher temperature. 

Three short Cold wave. 

By repeating each combination a few times, with intervals of ten 
seconds, liability to error in interpreting the signals may be avoided. 

Provision is made for warning agricultural districts of sudden 
changes in temperature by whistle and flag signals by private persons, 
and during the planting, cultivating and harvesting seasons in the 
corn, wheat, cotton, sugar and rice regions a daily service is main- 
tained, by which data relative to the weather conditions is assembled 
at the centers named hereafter, in order that information may be 
had as to the probable conditions of the crops and the prospects of 
their successful cultivation. Similar district observations are made in 
localities in which there is likelihood of disastrous river floods, the 
observing stations furnishing figures as to the rainfall and rise of 
rivers, so that localities farther down the stream may anticipate a 
flood in time to prevent damage. In addition, such information dur- 
ing periods of low water enables river men to anticipate a rise and 
take advantage of it when it comes. 

The forecasts and warnings issued by the Weather Bureau are 
(i) State forecasts, issued by specially designated district forecast- 
ers, for distribution throughout the State for which the forecast is 
made; (2) local forecasts, issued by specially authorized officials in 
charge of stations, for distribution in the city where issued and its 
immediate vicinity; (3) special forecasts and warnings of storms, 
cold waves, frosts, heavy rains and snows, floods, etc. 



THE AMERICAN GOVERNMENT. 765 

The following stations are the respective forecast centers for the 
districts comprising the States enumerated : 

Boston, Mass. — Maine, New Hampshire, Vermont, Massachusetts, 
Rhode Island, and Connecticut. 

Washington, D. C. — New York, Pennsylvania, New Jersey, Dela- 
ware, Maryland, District of Columbia, Virginia, North Carolina, 
South Carolina, Georgia, Florida, Alabama, Mississippi, West Vir- 
ginia, and Ohio. 

Chicago, III. — Illinois, Indiana, Michigan, Wisconsin, Minnesota, 
Iowa, Missouri, Kansas, Nebraska, South Dakota, North Dakota, 
and Montana. 

Louisville, Ky. — Kentucky and Tennessee. 

Denver, Colo. — Colorado, New Mexico, Arizona, Utah and Wy- 
oming. 

San Francisco, Cat. — California and Nevada. 

Portland, Ore. — Washington, Oregon, and Idaho. 

New Orleam, La. — Louisiana, Arkansas, Texas, and Oklahoma. 

To supplement the telegraphic service of the Weather Bureau so 
that instant connection may be had with every point at which there 
is a weather observatory in the employ of the Department, the Bu- 
reau maintains a considerable number of telegraph and telephone 
lines independent of commercial systems, but working with them. 
These reach remote points, especially along the coast, and the opera- 
tion and maintenance of the lines is entirely under the control of 
the Bureau. Commercial messages are, however, allowed to be sent 
over these lines when they do not interfere with government busi- 
ness and they also supplement the means of communication of the 
Life Saving Service. The Weather Bureau also experimented ex- 
tensively with the wireless telegraphy, which promised great use- 
fulness in reaching points ofif the coast to which cables could not 
profitably be laid, and also in communicating with vessels. By the 
arrangement which placed all wireless work along the coast under 
the Navy Department transmission of wireless messages from ships 
is maintained and the Weather Bureau has daily reports of weather 
conditions from the ocean liners which are equipped with wireless 
apparatus. The following offices of the Weather Bureau are espe- 



766 THE AMERICAN GOVERNMENT. 

cially charged with collection of the data with regard to climatic con- 
ditions at sea: 

Portland, Me. Charleston, S. C. New Orleans, La. 

Boston, Mass. Savannah, Ga. Galveston, Tex. 

New York, N. Y. Jacksonville, Fla. Tacoma, Wash. 

Philadelphia, Pa. Key West, Fla. Seattle, Wash. 

Baltimore, Md. Tampa, Fla. Portland, Ore. 

Norfolk, Va. Pensacola, Fla. San Francisco, Cal. 

Wilmington, N. C. Mobile, Ala. 

The following is a list of the Weather Bureau stations indicating 
their character and giving the rank of the official in charge: 

Abeline, Tex. — Observer, $1,200. 

Albany, N. Y. — Local Forecaster, $1,600. 

Alpena, Mich. — Assistant Observer, $1,000. 

Amarillo, Tex. — Assistant Observer, $1,000. 

Anniston, Ala. — Assistant Observer, $1,000. 

Asheville, N. C. — Observer, $1,200. 

Atlanta. Ga. — (Center of Georgia section, Climatological service.) Section 

Director, $1,800. 
Atlantic City, N. J. — (Center of New Jersey section, Climatological ser- 
vice.) Section Director, $1,400. 
Augusta, Ga. — Observer, $1,200. 
Baker City, Ore. — Assistant Observer, $1,000. 
Baltimore, Md. — (Center of Maryland and Delaware section, Climatological 

service.) Section Director, $2,000. 
Basseterre, St. Kitts, W. I. — (In charge of special hurricane observer; $25 

a month during hurricane season.) 
Bentonville, Ark. — Assistant Observer, $840. 
BiNGHAMTON, N. Y. — Local Forecaster, $1,400. 
Birmingham, Ala. — Observer, $1,200. 
Bismarck, N. D. — (Center of North Dakota section, Climatological service.) 

Section Director, $1,400. 
Block Island, R. I. — Assistant Observer, $1,000. 
Boise, Idaho. — (Center of Idaho section, Climatological service.) Section 

Director, $1,400. 
Boston, Mass. — (Center of forecast district, embracing New England States; 

also center of New England section, Climatological service.) District 

Forecaster, $2,400. 
Bridgtown, Barbados, W. I. — (In charge of special hurricane observer; 

$25 a month during hurricane season.) 
Buffalo, N. Y. — Local Forecaster, $2,000. 
Burlington, Vt. — Local Forecaster, $1,400. 



THE AMERICAN GOVERNMENT. 767 

Cairo, III. — Observer, $1,200. 

Canton, N. Y. — Observer, $1,200. 

Cape Henry, Va. — Observer, $1,200. 

Cape May, N. J. — Station Agent, $300. 

Charles City, Iowa. — Assistant Observer, $1,000. 

Charleston, S. C. — Local Forecaster, $1,600. 

Charlotte, N. C. — Observer, $1,200. 

Chattanooga, Tenn. — Local Forecaster, $1,400. 

Cheyenne, Wyo. — (Center of Wyoming section, Climatological service.) 
Section Director, $1,600. 

Chicago, III. — (Center of forecast district, embracing Illinois, Iowa, Indiana, 
Michigan, Wisconsin, Minnesota, Missouri, Kansas, Nebraska, South Da- 
kota, North Dakota, and Montana.) Professor of Meteorology, $3,000. 

Cincinnati, Ohio. — Simon S. Bassler, Local Forecaster, $1,800. 

Cleveland, Ohio. — Local Forecaster, $2,000. 

Columbia, Mo. — (Center of Missouri section, Climatological service.) Sec- 
tion Director, $1,400. 

Columbia, S. C. — (Center of South Carolina section, Climatological service.) 
Section Director, $1,400. 

Columbus, Ohio. — (Center of Ohio section, Climatological service.) Sec- 
tion Director, $2,000. 

Concord, N. H. — Observer, $1,200. 

Concordia, Kans. — Observer, $1,200. 

Corpus Christi, Tex. — Observer, $1,200. 

Curacao, W. I. — (In charge of special hurricane observer, $25 a month 
during hurricane season.) 

Davenport, Iowa. — Local Forecaster, $1,600. 

Del Rio, Tex. — Assistant Observer, $1,000. 

Denver, Colo. — (Center of forecast district, embracing Wyoming, Colorado, 
New Mexico, Arizona, and Utah; also center of Colorado section, Cli- 
matological service.) District Forecaster, $2,400. 

Des Moines, Iowa. — (Center of Iowa section, Climatological service.) Local 
Forcaster, $1,800. 

Detroit, Mich. — (Inspector's Headquarters.) Inspector, also in charge of 
lake marine work, $2,500. 

Devils Lake, N. Dak. — Assistant Observer, 

Dodge, Kans. — Observer, $1,200. 

-Dubuque, Iowa. — Local Forecaster, $1,400. 

DuLUTH, Minn. — Local Forecaster, $1,400. 

Durango, Colo. — Assistant Observer, $1,000. 

East Clallam, Wash. — Repairman, $720. 

Eastport, Me. — Observer, $1,200. 

Elkins, W. Va. — Observer, $1,200. 

El Paso, Tex. — Observer, $1,200. 



768 



THE AMERICAN GOVERNMENT. 



Sec- 



Erie, Pa. — Local Forecaster, $i,8oo. 

EscANABAj Mich. — Observer, $1,200. 

Eureka, Cal. — Observer, $1,200. 

EvANsviLLE, Ind. — Local Forecaster, $1,400. 

Plagstaff, Ariz. — Assistant Observer, $1,000. 

Fort Smith, Ark. — Observer, $1,200. 

PoRTH Worth, Tex. — Observer, $1,200. 

Fresno, Cal. — Observer, $1,200. 

Galveston, Tex. — (Center of Texas section, Climatological service.) 

tion Director, $1,800. 
Grand Haven, Mich. — Observer, $1,200. 
Grand Junction, Colo. — Observer, $1,200. 
Grand Rapids, Mich. — (Center of Michigan section, Climatological service.) 

Section Director, $1,800. 
Green Bay, Wis. — Observer, $1,200. 
Hannibal, Mo. — Observer, $1,200. 
Harrisburg, Pa. — Local Forecaster, $1,600. 
Hartford, Conn. — Local Forecaster, $1,400. 
Hattera'S', N. C. — Assistant Observer, $1,000. 
Havre, Mont. — Assistant Observer, $1,000. 

Helena, Mont. — (Center of Montana section, Climatological service.) Sec- 
tion Director, $1,400. 
Honolulu, Hawaii. — (Center of Hawaiian section, Climatological service.) 

Section Director, $1,800. 
Houghton, Mich. — Observer, $1,200. 
Huron, S. Dak. — (Center of South Dakota section, Climatological service.) 

Section Director, $1,600. 
Independence, Cal. — Station Agent, $300. 
Indianapolis, Ind. — (Center of Indiana section, Climatological service.) 

Section Director, $1,800. 
Tola, Kans. — Assistant Observer, $1,000. 
Ithaca, N. Y. — (Center of New York 

Section Director, $1,800. 
Jacksonville, Fla. — (Center of Florida 

Section Director, $1,800. 
Jupiter, Fla. — Assistant Observer, $1,000. 
Kalispell, Mont. — Assistant Observer, $1,000. 
Kansas City, Mo. — Local Forecaster, $1,800. 
Keokuk, Iowa. — Observer, $1,200. 
Key West, Fla. — Assistant Observer, $1,000. 
Kingston, Jamaica, W. I. — (In charge of special hurricane observer; $25 

a month during hurricane season.) 
Knoxville, Tenn. — Observer, $1,200. 
La Crosse, Wis. — Observer, $1,200. 



section, Climatological 
section, Climatological 



service.) 
service.) 



THE AMERICAN GOVERNMENT. 769 

Lander, Wyo. — Observer, $1,200. 

La Salle, III. — Observer, $1,200. 

Lewiston, Idaho. — Assistant Observer, $1,000. 

Lexington, Ky. — Local Forecaster, $1,400. 

Lincoln, Nebr. — (Center of Nebraska section, Climatological service.) 
Section Director, $1,800. 

Little Rock, Ark. — (Center of Arkansas section, Climatological service.) 
Section Director, $1,600. 

Los Angeles, Cal. — Local Forecaster, $1,600. 

Louisville, Ky. — (Center of forecast district embracing Kentucky and 
Tennessee, also center of Kentucky section, Climatological service.) 
District Forecaster, $2,400. 

Lynchburg, Va. — Observer, $1,200. 

Macon, Ga. — Observer, $i,2co. 

Madison, Wis. — Observer, $1,200. , 

Manteo, N. C. — Repairman, $720. 

Marquette, Mich. — Observer, $1,200. 

Memphis, Tenn. — Local Forecaster, $1,600. 

Meridian, Miss. — Observer, $1,200. 

Miles City, Mont. — Station Agent, $300. 

Milwaukee, Wis. — (Center of Wisconsin section, Climatological service; 
also Inspector's headquarters.) Inspector, $2,500. 

Minneapolis, Minn. — (Center of Minnesota section, Climatological service.) 
Section Director, $1,800. 

Mobile, Ala. — Local Forecaster, $1,400. 

Modena, Utah. — Assistant Observer, $720. 

Montgomery, Ala. — (Center of Alabama section, Climatological service.) 
Section Director, $1,800. 

Moorhead, Minn. — Assistant Observer, $1,000. 

Mount Tamalpais, Cal. — (Branch of San Francisco office; in charge of an 
assistant detailed therefrom by the official in charge.) 

Mount Weather, Va. — Professor of Meteorological Physics, $3,000. 

Nantucket, Mass. — Assistant Observer, $1,000. 

Narragansett, R. I. — Assistant Observer, $840. 

Nashville, Tenn. — (Center of Tennessee section, Climatological service.) 
Section Director, $1,600. 

Neah Bay, Wash. — Repairman, $720. 

New Haven, Conn. — Local Forecaster, $1,800. 

New Orleans, La. — (Center of forecast district, embracing Texas, Okla- 
homa, Indian Territory, Arkansas, and Louisiana; issues advisory warn- 
ings for Mexico ; has charge of cooperation between Mexican Weather 
Service and United States Weather Bureau ; center of Louisiana section, 
Climatological service.) District Forecaster, $2,400. 

New York, N. Y. — District Forecaster, $2,400. 



770 THE AMERICAN GOVERNMENT. 

Nome, Alaska, — Special Observer, $300. 

Phoenix, Ariz. — (Center of Arizona section, Climatological service.) Sec- 
tion Director, $1,600. 

PiEEEiE, S. Dak. — Observer, $1,200. 

Pittsburg, Pa. — Local Forecaster, $2,000. 

PocATELLo, Idaho. — Observer, $1,200. 

Point Reyes Light, Cal. — (Under the supervision of San Francisco, Cal.) 
Assistant Observer, $1,400. 

Port au Prince, Haiti, W. I. — (In charge of special hurricane observer; 
$25 a month during hurricane season.) 

Port Crescent, Wash. — Assistant Observer, $1,000. 

Port Huron, Mich. — Observer, $1,200. 

Portland, Me. — Local Forecaster, $1,400. 

Portland, Oreg. — (Center of forecast district, embracing Washington, Ore- 
gon, and Idaho; also center of Oregon section, Climatological service.) 
District Forecaster, $2,400. 

Port of Spain, Trinidad, W. I. — (In charge of agent of West India and Pa- 
nama Telegraph Company.) 

Norfolk, Va. — Local Forecaster, $1,800. 

Northfield, Vt. — Local Forecaster, $1,400. 

North Head, Wash. — Assistant Observer, $1,000. 

North Platte, Nebr. — Assistant Observer, $1,000. 

Oklahoma, Okla. — (Center of Oklahoma section, Climatological service.) 
Section Director, $1,400. 

Omaha, Nebr. — Local Forecaster, $1,600. 

Oswego, N. Y. — Observer, $1,200. 

Palestine, Tex. — Observer, $1,200. 

Parkersburg, W. Va. — (Center of West Virginia section, Climatological 6er- 
vice.) Section Director, $1,400. 

Pensacola, Fla. — Observer, $1,200. 

Peoria, III. — Observer, $1,200. 

Philadelphia, Pa. — (Center of Pennsylvania section, Climatological service.) 
Section Director, $2,000. 

Providence, R. I. — Local Forecaster, $1,600. 

Pueblo, Colo. — Local Forecaster, $1,400. 

Pysht, Wash. — Repairman, $720. 

Raleigh, N. C. — (Center of North Carolina section, Climatological service.) 
Section Director, $1,600. 

Rapid City, S. Dak. — Observer, $1,200. 

Red Bluff, Cal. — Assistant Observer, $1,000. 

Reno, Nev. — (Center of Nevada section, Climatological service.) 

Richmond, Va. — (Center of Virginia section, Climatological service.) Sec- 
tion Director, $1,800. 

Rochester, N. Y. — Local Forecaster, $1,600. 



THE AMERICAN GOVERNMENT. 771 

Roseau, Dominica, W. I. — (In charge of agent of West India and Panama 
Telegraph Company.) 

RosEBURG, Oreg. — Assistant Observer, $1,000. 

RoswELL, N. Mex. — Assistant Observer, $1,000. 

Sacramento, Cal. — Local Forecaster, $1,400. 

St. Louis, Mo. — Local Forecaster, $2,000. 

St. Paul, Minn. — Local Forecaster, $1,400. 

Salt Lake City, Utah. — (Center of Utah section, Climatological service.) 
Section Director, $1,800. 

San Antonio, Tex. — Local Forecaster, $1,400. 

San Diego, Cal. — Local Forecaster, $1,400. 

Sand Key, Fla. — (Under the supervision of Key West, Fla., from which sta- 
tion officials, alternating monthly, are assigned.) 

Sandusky, Ohio. — Observer, $1,200. 

San Francisco, Cal. — (Center of forecast district, embracing California 
and Nevada; also center of California section, Climatological service.) 
Professor of Meteorology, $3,000. 

San Jose, Cal. — Observer, $1,200. 

San Juan, Porto Rico, W. I. — (Center of Porto Rico section, Climatological 
service.) Assistant Observer, $1,000. 

San Luis Obispo, Cal. — Observer, $1,200. 

Santa Fe, N. Mex. — (Center of New Mexico section, Climatological ser- 
vice.) Section Director, $1,400. 

Santo Domingo, W. I. — (In charge of special hurricane observer; $25 a 
month during hurricane season.) 

Sault Ste. Marie. Mich. — Observer, $1,200. 

Savannah, Ga. — Local Forecaster, $1,600. 

Scranton, Pa. — Local Forecaster, $1,400. 

Seattle, Wash. — (Center of Washington section, Climatological service.) 
Section Director, $1,800. 

Sekiou, Wash. — (Repair station; operated during months of January, Feb- 
ruary, March, November, and December.) 

Sheridan, Wyo. — Observer, $1,200 

Shreveport, La. — Observer, $1,200. 

Sioux City, Iowa. — Local Forecaster, $1,400. 

Southeast Farallon, Cal. — (Branch of San Francisco office; in charge of 
an assistant detailed therefrom by the official in charge.) 

Spokane, Wash. — Local Forecaster, $1,400. , 

Springfield, III. — (Center of Illinois section, Climatological service.) Sec- 
tion Director, $1,600. 

Springfield, Mo. — Local Forecaster, $1,400. 

Syracuse, N. Y. — Local Forecaster, $1,400. 

Tacoma, Wash. — Local Forecaster, $1,400. 

Tampa, Fla. — Local Forecaster, $1,400. 



772 THE AMERICAN GOVERNMENT. 

Tatoosh Island, Wash. — ^Assistant Observer, $i,ooo. 

Taylor, Tex. — Observer, $1,200. 

Thomasville, Ga. — Assistant Observer, $1,000. 

1 OLEDo, Ohio. — ^Local Forecaster, $1,600. 

Tonopah, Nev. — Assistant Observer, $1,000. 

Topeka, Kans. — (Center of Kansas section, Climatological service.) Sec- 
tion Director, $1,600. 

Turks Island, W. I. — (In charge of agent of Halifax and Bermudas 
Cable Company.) 

Twin, Wash. — 

Valentine, Nebr. — Assistant Observer, $1,000. 

ViCKSBURG, Miss. — (Center of Mississippi section, Climatological service.) 
Section Director, $1,600. 

Walla Walla, Wash. — Observer, $1,200. 

Wash Woods, N. C. — Repairman, $720. 

Wichita, Kans. — Local Forecaster, $1,400. 

WiLLisTON, N. Dak. — Assistant Observer, $1,000. 

Wilmington, N. C. — Observer, $1,200. 

WiNNEMuccA, Nev. — Assistant Observer, $1,000. 

Wytheville, Va. — Observer, $1,200. 

Yankton, S. Dak. — Observer, $1,200. .. . , 

Yellowstone Park, Wyo. — Assistant Observer, $1,000. 

Yuma, Ariz. — Assistant Observer, $1,000. 



THE. AMERICAN GOVERNMENT. ^n 



CHAPTER XVI. 

DEPARTMENT OF COMMERCE AND LABOR. 

As has been said in another place, the Department of Commerce 
and Labor consists of an aggregation of bureaus not intimately con- 
nected, but which have been amalgamated under one head, because 
of their more or less close relations to subjects relative to the fields 
of activity indicated by the title of the department. The function 
which is exercised by the department proper, outside of its jurisdic- 
tion over and administration of departmental affairs relative to the 
various bureaus, is the protection of the fur seals and the salmon in 
Alaska. Special agents of the department, under the direct control 
of the Secretary, pay visits of inspection to the various seal and 
salmon fisheries and see that the provisions of the contract in the 
former case, and of the restrictive laws passed by Congress in the 
latter, are not violated. 

One of the chief bureaus of the Department of Commerce and 
Labor in the public attention at the time of the constitution of the 
department is the Bureau of Corporations. This is an investigative 
bureau purely, having no functions except to inquire into the charac- 
ter of the transactions and business of corporations doing interstate 
commerce, and which have been chartered by the States of the Union. 
The head of the bureau, under the name of Commissioner of Corpo- 
rations, is appointed by the President, without confirmation, and 
receives $5,000 a year. 

A deputy Commissioner is provided at $3,500 a year, and the func- 
tion of these officers is to secure information in regard to the opera- 
tion of corporations other than common carriers doing 
an interstate business. Similar powers are given to the 
Commissioner of Corporations to those exercised by the 
Interstate Commerce Commission, in compelling the testi- 
mony of interested persons, and such testimony being required 
or admitted has the effect of securing immunity from criminal pro- 
ceedings for those who have taken part in the transaction under 



774 THE AMERICAN GOVERNMENT. 

investigation, and whose sworn testimony has been accepted or re- 
quired by the Commissioner of Corporations, It is the theory under 
which the Bureau of Corporations was established that the regulation 
of abuses which have grown out of the corporate form of trans- 
acting business may be to a degree secured by giving publicity to 
the nature of the transactions of the corporation, especially to those 
which affect the value of the shares which are offered to the public 
for purchase. The especial bearing of the operations of the bureau 
under existing law relates to the so-called "Sherman Act," prohibit- 
ing combinations in restraint of trade. The first complete investiga- 
tion of the bureau was, however, of the affairs of the Standard Oil 
Company, in which the charge of securing rebates from railroads 
was a prominent factor, so that the most prominent operation of 
the bureau in the public eye is that which developed infractions of 
the Interstate Commerce Law, which really come within the juris- 
diction of the Interstate Commerce Commission. A considerable 
number of investigations have, however, been made, the results of 
which have not come to public notice, through legal proceedings. 
Some embarrassment has been caused by the provision of 
law which enables a person who has been engaged in illegal trans- 
actions to secure immunity from punishment therefor by taking ad- 
vantage of an opportunity to testify before the Commissioner, but 
care has been taken to minimize this difficulty in later cases. 
The specific terms of the law require the Commissioner of Corpo- 
rations to gather, compile, publish and supply useful information con- 
cerning corporations doing business within the limits of the Unitfed 
States who engage in interstate or foreign commerce, including 
corporations engaged in the business of insurance. As a means 
to gathering this information, the bureau employs a considerable 
force of special agents, and its work would constitute a basis for 
any legislation that might be effected by the Congress for the pur- 
pose of regulating the affairs and operations of corporations other 
than common carriers. 

The Bureau of Manufactures of the Department of Commerce 
and Labor exercises the functions designed for the department in 
connection with commerce, and is intended to promote the exten- 
sion of the markets for the manufactures of the United States, and 



THE AMERICAN GOVERNMENT. 775 

to provide information to manufacturers as to the best method of 
developing trade at home and abroad. The bureau receives the 
reports from the Consuls and Consular Agents of the United States 
in foreign countries, and issues daily and monthly bulletins, con- 
taining such portions of these reports as are calculated to be of ser- 
vice to merchants and manufacturers. The bureau also publishes 
the annual report formerly issued by the State Department, entitled 
"Commercial Relations of the United States." Agents of the bu- 
reau are sent abroad to travel through the various trade centers, 
for the purpose of supplementing the Consular Reports with special 
expert reports by the bureau's own agents. The Chief of the 
bureau receives four thousand dollars a year, and is appointed by the 
President. 

The Bureau of Labor, formerly under the Interior Department, 
was added to the Department of Commerce and Labor at the time 
of the institution of the latter department. It is directed by a 
Commissioner of Labor, who is appointed by the President, by and 
with the advice and consent of the Senate, and who receives a 
salary of five thousand dollars a year, with a term of office of four 
years. 

A similar bureau to that which is now in effect as a portion of 
the Department of Commerce and Labor has been in existence since 
1885. Its duties are to acquire and diffuse among the people of 
the United States useful information on subjects connected with 
labor, when that word is used in a general and comprehensive sense. 
In pursuance of this duty, the bureau under the direction of the 
Commissioner, has carried on a series of investigations into the 
hours of labor, wages paid and the condition of the laboring classes 
generally in the United States, and in Hawaii, and has also issued 
bulletins comparing the situation in this country with labor con- 
ditions abroad. The bureau also represents the United States in the 
International Association for labor legislation, and an annual appro- 
priation is made for the bureau's share in the expenses of this 
Association. 

The Commissioner of Labor is required to make an annual re- 
port on his investigations, and is empowered to issue bulletins from 
time to time, giving the results of the different inquiries made by 



776 THE AMERICAN GOVERNMENT. 

him and the information collected within the territorial scope of 
his bureau. 

Under the so-called "Arbitration Act," the Commissioner of Labor 
and the Chairman of the Interstate Commerce Commission are re- 
quired in case of any controversy between capital and labor, upon 
the request of either party, to put themselves into communication 
with both parties to the controversy, for the purpose of bringing 
about an arrangement for a settlement of the strike or lock-out, 
and to arrange for arbitration proceedings, the result of such arbitra- 
tion, when it has been authorized by both parties, being supposed to 
be binding and final. It has been found, however, in practice and in 
the majority of cases, that the arbitration board thus provided for 
has little more than persuasive power with reference to the 
settlement of controversies between capital and labor. Investi- 
gations and reports of the bureau have, however, been essentially 
valuable in creating for the United States a systematic foundation for 
the consideration of sociological problems, and the development of 
the bureau in the way of accurate statistics has been most gratify- 
ing to those who are interested in the question. 

A large portion of the current work of the bureau relates to the 
question of child labor, in which there is a considerable and growing 
interest, with the purpose of securing uniform State legislation 
and, if possible, some form of Federal enactment. 

THE LIGHTHOUSE BOARD. 

The maritime colonies which later entered into the United States, 
had established eight lighthouses for the guidance of navigation into 
their principal ports, and these lighthouses, with their surrounding 
grounds, were ceded to the Federal Government, and accepted in 
1789. Since that time, the establishment and maintenance of such 
aids to navigation have been under the direction solely of the Federal 
Government. Individual officials of the Treasury Department ad- 
ministered business relative to the lighthouses until 1852, when the 
organization was constituted in its present form. Two officers of 
the Navy of high rank, two officers of the Corps of Engineers of the 
Army, and two civilians of scientific attainments, constitute the 
board, the Secretary of Commerce and Labor being the ex-officio 



THE AMERICAN GOVERNMENT. 777 

Chairman. The actual Chairman of the Board is, however, elected 
by ballot, the senior naval officer assigned to duty on the board 
being usually elected as the presiding officer. In addition to the 
membership of the board, an engineer officer and a naval officer 
are assigned to duty as secretaries. The board as a whole meets for 
business on the first Mondays in March, June, September and Decem- 
ber, but in the interim, the Chairman of the board, with the secre- 
taries, transacts the general business of the lighthouse establishment, 
The board makes arrangements for the acquisition of all land for the 
site of lighthouses and range marks and other constructions re- 
quired by the service on shore, and secures through the engineer 
secretaries the preparation of plans and specifications for the con- 
struction and repair of all buildings, and of lighting and fog sig- 
naling apparatus. It lays out the location for all light vessels, 
beacons, buoys, and directs all matters relative to their care and main- 
tenance. Aids to navigation under the direction of the Lighthouse 
Board include the lighthouses of the several classes on the sea- 
coast, the Great Lakes and the navigable rivers, the buoys marking 
the channels into the seaports, and the courses in rivers and lakes, 
together with all fog signaling apparatus. Beacons are fixed marks 
of iron, stone or wood on ledges and shoals in navigable waters 
which are sufficiently near the surface to constitute a danger to 
navigation. Buoys are either anchored spars or cylindrical con- 
structions of iron without superstructures, or iron frameworks 
on floating supports, which carry either a bell or a gas torch, the 
latter being supplied by stored gas in the tank which forms the float 
for the superstructure. 

The older form of fog signal in use consists of a bell struck at 
known intervals by a clock-work apparatus, actuated by a weight. 
These are being superseded by whistles and sirens, actuated by 
steam or compressed air. The lighthouses are of several types, as 
to the distance at which they can be seen, and of four general classes : 
Fixed white lights, fixed red lights, revolving lights which show 
at given intervals, and flash lights, Vv^hich by a given number of 
successive appearances aid, together with their location, in their 
identification. The aids to navigation of the United States are 
divided among the following districts. 



778 THE AMERICAN GOVERNMENT. 

The first district extends from the head of navigation on the St. Croix 
River, Maine, the northeastern boundary of the United States, to, and 
includes, Hampton Harbor, New Hampshire. It embraces all aids to navi- 
gation on the seacoast of Maine and New Hampshire, and on all tidal 
waters between the limits named. 

The second district extends from Hampton Harbor, New Hampshire, to 
Elisha Ledge, off Warren Point, Rhode Island, but does not include either 
the harbor or the ledge. It embraces all aids to navigation on the seacoast 
and tidal waters of Massachusetts, excepting on the Taunton River and that 
part of Mount Hope Bay lying within the State boundary. 

The third district extends from Elisha Ledge, off Warren Point, Rhode 
Island, to a point on the coast of New Jersey opposite Shrewsbury Rocks, 
and includes the ledge and the rocks. It embraces all aids to navigation 
on the coasts of Rhode Island, Connecticut, and New York, and of New 
Jersey northward of the point opposite Shrewsbury Rocks, and on all tidal 
waters tributary to the sea or Long Island Sound, between the limits named, 
together with the aids on Whitehall Narrows, and on the United States 
waters of Lake Champlain and Memphremagog. It includes the island of 
Porto Rico, and the adjacent islands and the waters of the islands lying 
east of the seventy-fourth meridian of longitude west of Greenwich, which 
were ceded to th,e United States by the Government of Spain by treaty en- 
tered into on December, lo, 1898. It also includes the waters of Guantanamo 
Bay, Cuba. 

The fourth district extends from a point on the coast of New Jersey, 
opposite Shrewsbury Rocks (but does not include the rocks), to, and includes, 
Metomkin Inlet, Virginia. It embraces all aids to navigation on the seacoast 
of New Jersey, Delaware, Maryland, and Virginia, and the tidal waters 
tributary to the sea between the rocks and the inlet. 

The fifth district extends from (but does not include) Metomkin Inlet, 
Virginia, to, and including, New River Inlet, North Carolina. It embraces 
all aids to navigation on the seacoast of Virginia and North Carolina, between 
the limits named, all of Chesapeake Bay, the sounds of North Carolina, 
and tributary waters. 

The sixth district extends from (but does not include) New River Inlet, 
North Carolina, to, and includes, Jupiter Inlet light-station, Florida. It 
embraces all aids to navigation on the seacoast, bays, sounds, harbors, rivers, 
and other tidal waters of North Carolina, South Carolina, Georgia, and 
Florida between the limits named. 

The seventh district extends from a point just south of Jupiter Inlet 
light-station to, and including, Perdido Entrance, Florida. It embraces all 
aids to navigation on the sea and gulf coast of Florida, and on other tidal 
waters tributary to the sea and gulf between the limits named. 

The eighth district extends from (but does not include) Perdido Entrance, 
Florida, to the southern boundary of Texas. It embraces all aids to navi- 



THE AMERICAN GOVERNMENT. 779 

gation on the Gulf coast of the United States and tidal waters tributary to 
the Gulf, between the limits named, together with those on the Mississippi 
River below New Orleans, and on Grand Lake and Lake Chicot. 

The ninth district includes all aids to navigation on Lake Michigan, Green 
Bay, and tributary waters lying west of a line drawn across the Straits of 
Mackinac just east of Old Mackinac Point light-station, Michigan. 

The tenth district extends from the mouth of the St. Regis River, St. 
Lawrence River, New York, to the mouth of the River Rouge, Detroit River, 
Michigan.. It embraces all aids to navigation on the United States shores 
and waters of Lakes Erie and Ontario, and the upper part of the St. Law- 
rence, the Niagara, and the lower part of the Detroit rivers. 

The eleventh district extends from the mouth of the River Rogue, Detroit 
River, Michigan, to the westerly end of Lake Superior. It embraces all aids 
to navigation on the United States shores and waters of Lakes St. Clair, 
Huron, and Superior, the upper part of the Detroit River, the St. Clair and 
St. Marys rivers, and that part of the Straits of Mackinac lying to the 
eastward of a line drawn across the straits just to the eastward of Old 
Mackinac Point light-station, Michigan. 

The twelfth district extends from the boundary between California and 
Mexico to the boundary between California and Oregon. It embraces all 
aids to navigation on the seacoast, bays, rivers, and other tidal waters of 
California. It also includes the waters of the Territory of Hawaii. 

The thirteenth district extends from the boundary between California and 
Oregon to the northern boundary of the United States, and includes Alaska. 
It embraces all aids to navigation on the seacoast of Oregon and Washington, 
on the United States waters of the Strait of Juan de Fuca, Washington 
Sound, and the Gulf of Georgia, and on the tidal waters tributary to the 
sea, strait, sound, and gulf between the limits named, together with those 
on Alaskan waters. 

The fourteenth district extends on the Ohio River from Pittsburg, Pa., 
to Cairo, 111., 965 miles; on the Tennessee River, 257^/^ miles, and on the 
Great Kanawhae, 73^ miles; in all, a distance of 1,295 miles, and embraces 
all the aids to navigation within these limits. 

The fifteenth district extends on the Mississippi River from the head of 
navigation to Cairo, 111., on the Missouri River to Kansas City, and on the 
Illinois River to La Salle, and includes all aids to navigation within those 
limits. 

The sixteenth district extends on the Mississippi River from Cairo, 111., 
to New Orleans, La., and on the Red River a distance of 9 miles, and 
includes all aids to navigation within those limits. 

To each of these districts an officer of the army or navy may be 
assigned as an inspector. As a matter of practice, the inspecting 



78o THE AMERICAN GOVERNMENT. 

officers are almost exclusively officers of the navy who perform their 
tours on shore duty in the Lighthouse Inspection Service. In ad- 
dition, officers of the Engineer Corps of the army engaged in river 
and harbor work or otherwise, may be assigned as engineer officers. 
Inspectors and engineers are charged, in their respective districts, 
with the care of all aids to navigation. Inspectors pay the light- 
house keepers, the officers and. seamen of light vessels and are dis- 
bursing officers for other funds under the lighthouse establishment. 
They are required to visit each light at least once every quarter, and 
are required to make detailed reports as to the condition of 
the lighthouse or light vessels, and as to the performance of their 
duties by the light keepers. They are authorized to exercise dis- 
ciplinary power with reference to light keepers and eniployees and 
also to determine upon the exact location at which light vessels 
shall be anchored and to have supervision over the relief light ves- 
sels and have them ready for service at all times. They are also 
charged with the duty of preparing the notices to mariners which 
give information as to changes in and additions to aids to navigation. 
In order to enable them to perform their duties, one or more light- 
house tenders are maintained in each district, which not only carry 
supplies to the lights but serve as the medium of transportation 
of the inspector upon his visits. The keepers of lighthouses are ap- 
pointed as the results of examination by the Civil Service Commis- 
sion, application blanks being issued by the Lighthouse Inspectors. 

Nominations are made by the Inspector of the District in which 
a vacancy occurs for the promotions of the keepers already in 
office, if the vacancy is in a higher grade, and original appoint- 
ments are made as far as practicable to the lower grades of the 
service. If, however, no person is available for nomination to 
the higher position, an original appointment may be made on 
the recommendation of the inspector. Keepers and assistant 
keepers must be over eighteen years of age and less than fifty 
years, must be able to read and write, and competent to discharge 
the duties of the position. Especially strict rules are made against 
employment or continuance of any person in the lighthouse 
service who is accustomed to the use of intoxicants. The keep- 
ers and assistants are required to wear a uniform, consisting of 



THE AMERICAN GOVERNMENT. 781 

a blue double-breasted coat, with blue trousers, and uniform caps, 
the coats bearing the buttons of the lighthouse service. It is 
forbidden to leave a lighthouse at any time without a responsible 
person in charge, and where a keeper and an assistant are pro- 
vided, one of these must be on duty at all times. If a keeper 
only is provided, a competent member of his family may be left 
in charge of the lighthouse. Lighthouse keepers need not neces- 
sarily be of the male sex, as in a number of cases women who have 
shown themselves competent have been appointed keepers at the 
smaller lighthouses. 

Lights are classed in six orders. 

First-order lights are established to give warning of the ap- 
proach to land. 

Second-order lights mark the secondary points or headlands 
along the seacoast and the approaches to bays and sounds. 

Third-order lights are required in bays that are of considerable 
width and intricacy, as Delaware Bay; also for principal lights 
for the coasts of the lakes. 

Fourth, fifth and sixth order lights mark the most prominent 
points, headlands or shoals in the large bays or sounds or obstruc- 
tions in rivers and piers and wharves. 

Light vessels are established on shoals, where it is not pos- 
sible to secure foundation for a lighthouse, and consist of hulls 
especially constructed with reference to seaworthiness, and 
fitted with short masts, displaying the character of light pre- 
scribed for the station. They are also fitted with fog signals, 
and each vessel remains on its station for a period of three 
months, when it is relieved by another vessel, and returns to the 
nearest port for repairs and refitting and for a period of rest for 
the crew. In addition to the lights maintained by the Govern- 
ment, the Lighthouse Board has also direction of the lighting 
of bridges across navigable rivers and bays, and prescribes the 
regulations for the character of the lights to be displayed on 
such structures, in order that vessel traffic may know the 
character of the design of the bridge. 



782 THE AMERICAN GOVERNMENT. 

THE CENSUS BUREAU. 

It was required by the constitution that a census of the United 
States should be taken every ten years, in order to provide a 
basis for representation in Congress and direct taxation. The 
decennial censuses were under the direction of the Secretary of 
State until the establishment of the Departmnt of the Interior in 
1849, and until 1880 the actual work of enumeration was under 
the direction of United States marshals in the different judicial 
districts. In 1880, a Superintendent of the Census was appointed, 
who directed the collection of the census returns through super- 
visors and enumerators, practically in accordance with the 
present system. The censuses of 1890 and 1900 were taken by a 
temporary organization, but in 1902 the Bureau of the Census was 
made a permanent part of the governmental organization of the 
United States, and under the administration of a Director of the 
Census is to undertake various branches of statistical and cen- 
sus work, in order that it may not be necessary fully to renew the 
organization for each decennial census. The permanent Census 
Bureau is of course numerically very much smaller than the 
Bureau which conducts the active work of tabulating the results 
of the enumeration for the decennial census, but the head of the 
various subdivisions, together with a certain proportion of skilled 
•employees are given permanent employment, so that upon the 
taking of the next decennial census it will be a comparatively 
small matter to add a sufificient force to make a complete bureau. 
The act under which the permanent census office was organized 
provides : 

That the Thirteenth and subsequent censuses shall be restricted to inquiries 
relating to the population, to mortality, to the products of agriculture and 
of manufacturing and mechanical establishments. The schedules relating to 
the population shall comprehend for each inhabitant the name, age, color, 
sex, conjugal condition, place of birth, and place of birth of parents, wheth- 
er alien or naturalized, number of years in the United States, occupation, 
months unemployed, literacy, school attendance, and ownership of farms 
and homes ; and the Director of the Census may use his discretion as to 
the construction and form and number of inquiries necessary to secure in- 



THE AMERICAN GOVERNMENT. 783 

formation under the topics aforesaid. The mortality schedules shall com- 
prehend for each decedent the name, sex, color, age, conjugal condition, 
place of birth, and birth place of parents, occupation, cause and date of 
death, and, if born within the census year, the date of birth. The form 
and arrangement of the schedule and the specific questions necessary to 
secure the information required shall be in the discretion of the Director. 
The schedules relating to agriculture shall comprehend the following top- 
ics : Name of occupant of each farm, color of occupant, tenure, acreage, 
value of farm and improvements, acreage of different products, quantity 
and value of products, and number and value of live stock. All questions 
as to quantity and value of crops shall relate to the year ending December 
thirty-first next preceding the enumeration. The specific form and divis- 
ion of inquiries necessary to secure information under the foregoing topics 
shall be in the discretion of the Director of the Census. The schedules of 
inquiries relating to the products of manufacturing and mechanical estab- 
lishments shall embrace the name and location of each establishment; char- 
acter of organization, whether individual, co-operative, or other form; date 
of commencement of operations; character of business or kind of goods 
manufactured; amount of capital invested; number of proprietors, firm mem- 
bers, copartners, or officers, and the amount of their salaries; number of 
employes, and the amount of their wages ; quantity and cost of materials 
used in manufactures; amount of miscellaneous expenses; quantity and value 
of products; time in operation during census year; character and quan- 
tity of power used, and character and number of machines employed. 

After the completion and return of the enumeration and of the work upon 
the schedules relating to the products of agriculture and to manufacturing 
and mechanical establishments provided for in the preceding section, the 
Director of the Census is authorized decennially to collect statistics relat- 
ing to the defective, dependent, and delinquent classes ; to crime, includ- 
ing judicial statistics pertaining thereto, which statistics shall include in- 
formation upon the questions of age, sex, color, race, nativity, parentage, 
literacy by race, color, nativity, and parentage, and such other questions 
relating to these subjects as the Director in his discretion may deem proper; 
to social statistics of cities ; to public indebtedness, valuation, taxation, and 
expenditures ; to religious bodies ; to transportaton by water, and express 
business ; to mines, mining, quarries, and minerals, and the production and 
value thereof, including gold in divisions of placer and vein, and silver 
mines, and the number of men employed, the average daily wage, average 
working time, and aggregate earnings in the various branches and afore- 
said divisions of the mining and quarrying industries ; to savings banks and 
other savings institutions, mortgage, loan, and investment companies, and 
similar institutions; to the fishing industry in co-operation with the Bureau 
of Fisheries ; and every five years to collect statistics relating to street rail- 
ways, electric light and power and the telephone and telegraph business. 



784 THE AMERICAN GOVERNMENT. 

The Director of the Census is appointed by the President, by 
and with the advice and consent of the Senate, and receives six 
thousand dollars a year. He is empowered to appoint fourteen 
statisticians, who have charge of the different branches of the 
work, and provision is made for adequate permanent force, the 
members of which were covered by the terms of the Census Act, 
into the classified service, so that the temporary employees of 
the Bureau received permanent employment in the Govermental 
service without examination. Special agents are also provided 
for, to be employed by the Director of the Census, for the purpose 
of enumeration and investigation, not included in the decennial 
census. For the purpose of the latter enumeration, the Director 
of Census prescribes schedules upon which the desired informa- 
tion may be uniformly stated, and at least six months previous 
to the beginning of the decennial census, the Director is re- 
quired to designate how many supervisors of the census are to 
be appointed in each state and territory, whether one or more 
in each, and the President is empowered to appoint, by and with 
the advice and consent of the Senate such number of supervisors, 
not, however, to be in the aggregate more than three hundred. 
So far as possible the limits of the districts of the supervisors are 
to be those of the Congressional Districts. Upon the completion 
of the duties of the supervisor to the satisfaction of the Director 
of the Census, he is to receive one hundred and twenty-five 
dollars, and in addition one dollar for each thousand of popula- 
tion enumerated in thickly settled districts, and one dollar and 
forty cents for each thousand enumerated in sparsely settled 
districts. The duties of the supervisor consist of dividing his 
supervisory districts into sub-divisions, with the approval of the 
Director of the Census, and of designating to the Director suitable 
persons to take the enumeration within such sub-division. In so 
far as practicable, persons who reside in the sub-divisions are to 
be employed, but if no suitable person can be found in the sub- 
division, any fit person may be given the position of enumerator. 
Upon approval by the Director of the Census, the supervisor may 
employ such persons as he has nominated, and is required to 



THE AMERICAN GOVERNMENT. 785 

oversee their work and forward to the Director of the Census 
their completed returns of the enumeration, together with a state- 
ment of the amounts which have become due to the enumerators 
for their work. In case any supervisor fails to perform his duty, 
the Director of the Census has power to designate a person to 
take his place. 

It is the duty of each enumerator to visit each dwelling house 
in his sub-division, and secure from the head of the family, or 
some person competent to give the information, the facts called 
for by the census schedules. Each enumerator must receive a 
commission from the supervisor, and each sub-division is to con- 
tain four thousand inhabitants, estimated as nearly as it may be 
possible, and it is required that the divisions of enumerators' 
districts shall be specifically set forth by well-known geographical 
characteristics. Special enumerators for institutions may be ap- 
pointed without regard to the total of population, and inter- 
preters may be employed to assist the enumerators where neces- 
sary. The compensation of enumerators is fixed by the Director of 
the Census, within the following restrictions. 

In sub-divisions where he shall deem such allowance sufficient, an allow- 
ance of not less than two nor more than three cents for each living inhabi- 
tant and for each death reported ; not less than fifteen nor more than twenty 
cents for each farm; and not less than twenty nor more than thirty cents 
for each establishment of productive industry enumerated and returned may 
be given in full compensation for all services. For all other sub-divisions 
per diem rates shall be fixed by the Director of the Census according to the 
difficulty of ennumeration, having reference to the nature of the region to 
be canvassed and the density or sparseness of settlement, or other considera- 
tions pertinent thereto; but the compensation allowed to any enumerator in 
any such district shall not be less than three dollars nor more than six 
dollars per day of ten hours actual field work each. The sub-divisions to 
which the several rates of compensation shall apply shall be designated to 
the Director of the Census at least two weeks in advance of the enumeration. 
No claim for mileage or traveling expenses shall be allowed any enumerator 
in either class of sub-divisions, except in extreme cases, and then only when 
authority has been previously granted by the Director of the Census, and 
the decision of the Director as to the amount due any enumerator shall be 
final. 

The special agents have like authority with the enumerators in respect to 



'^. 



786 THE AMERICAN GOVERNMENT. 

the subjects committed to them and receive compensation at rates to be fixed by 
the Director of the Census : Not to exceed six dollars per day and actual 
necessary traveling expenses and an allowance in lieu of subsistence not 
exceeding three dollars per day. 

All field employees of the census are required to take an oath 
of office, and any violation of the oath or fraudulent re- 
ceiving of compensation not earned, or making a return 
of false information is punishable by fine or imprisonment 
or both. The enumeration required by the Census act is to be 
begun on the first day of June of the year in which the census is 
taken, and must be completed by the first day of July, except 
that in cities of eight thousand or more, the enumeration must 
be completed within two weeks from the first of June. Upon 
receipt of the returns from the supervisors at the Census Bureau, 
they are tabulated, ingenious tabulating machines being used to 
expedite the work, and the results are consolidated and compared 
in the series of volumes constituting the Census Report. Under 
the former system of a transitory bureau, the completion of this 
work has occupied nearly the entire decennial period. It is be- 
lieved, however, with the organization and facilities now 
available that the next census will be completed in less time than 
any census in the history of the country. In the period before 
the taking of the next general census, various special inquiries are 
being taken up, including vital statistics, statistics of divorce, 
statistics relative to the financial affairs of cities and other 
matters which are ordered by the Congress or by the President 
from time to time. A special census was taken of the Indian 
Territory and the territory of Oklahoma before the admission of 
the new States, in order to determine the character of the dis- 
tricting work which had been done, and under a provision of the 
Congress, the Bureau of the Census now prepares and issues 
the Official Register of the United States, giving the names, place 
of employment and compensation of each person in the Govern- 
ment service, including the Post Office service, as well as the 
departmental service proper. 



THE AMERICAN GOVERNMENT. ^^ 

THE COAST AND GEODETIC SURVEY. 

The functions of the Coast and Geodetic Survey are set forth 
in the following extract prescribing its field of operation: 

"The functions of the Coast and Geodetic Survey shall be to do everything 
requisite for and incident to the survey of the coasts of the United States 
and of coasts under the jurisdiction of the United States, including the 
survey of rivers to the head of tide vi^ater or ship navigation; deep-sea 
soundings, temperature and current observations along the coast and through- 
out the Gulf stream and Japan stream flowing ofif said coasts; tidal observa- 
tions ; the necessary resurveys ; the preparation of the Coast Pilot ; continuing 
researches and other work relating to physical hydrography and terrestrial 
magnetism and the magnetic maps of the United States and adjacent waters, 
and the tables of magnetic declination, dip, and the intensity usually accom- 
panying them; astronomical and gravity observations; special examinations 
that may be required by the Lighthouse Board or other proper authority, 
and furnishing points to State Surveys." 

Its chief function is the preparation of charts and materials 
for sailing directions for coast of the United States, and rivers 
to the head of tide water, but not including the Great Lakes, by 
means of accurate measurements by triangulation, the bases of 
which are taken by shore parties and by a series of soundings or 
actual measurements by line and weights from the depth of one 
hundred and twenty fathoms seaward, to as far as the ports and 
harbors of commerce extend. For the purpose of carrying on 
these measurements, a fleet of small vessels is maintained, and 
the surveying parties are made up of civilian scientists, headed by 
officers of the Navy whenever the detail of such officers can be 
secured. Owing, however, to the lack of officers sufficient in 
number to man the vessels of the Navy, there have not been 
many details in recent years, to the vessels of the Coast Geodetic 
Survey, except of retired officers. It is provided, however, that 
when active officers of the Navy are detailed to the work they 
cannot be relieved except with the approval of the Secretary of 
the Department of Commerce and Labor. A semi-naval 
organization is maintained on the vessels of the Coast and Geo- 
detic Survey, and a uniform is provided for, the insignia of the 
service being a circle with a triangle superimposed thereon. The 
"Survey was originally constituted in accordance with a report of 



788 THE AMERICAN GOVERNMENT. 

a board of officers in 1843, and the President is given power by- 
law to carry out the various recommendations of these officers. 
The direction of the service survey is under a superintendent, 
who is appointed by the President, and who receives five 
thousand dollars a year. It is provided by law that the publica- 
tion of the survey, including the charts of the coast of the United 
States, shall be sold at a price which is to be fixed as nearly as 
practicable at the cost of paper and printing, and that there shall 
be no free distribution, except an edition of three hundred copies 
of each publication, which is made available for distribution to 
foreign governments. The superintendent of the survey is re- 
quired to make an annual report to Congress of the work done 
during the preceding year, together with certain graphic delinea- 
tions indicating the scope of the work undertaken. The nature 
of the work done by the Coast and Geodetic Survey is similar to 
that for which the Hydrographic Office of the Navy Department 
is equipped, and there has been at times some fear expressed in 
the Appropriations Committee of the House of Representatives 
that a duplication of work would follow, unless both offices were 
carefully supervised. A line of distinction is drawn between the 
work of the two offices, that of the Coast and Geodetic Survey 
being confined entirely to coasts under the jurisdiction of the 
United States, for which the Coast and Geodetic Survey prepares 
and publishes charts, while the work of the Hydrographic Office 
is confined to charts relative to coasts not under the jurisdiction 
of the United States, to mapping the results of the surveys by 
naval vessels in foreign waters, and to revising and improving 
foreign charts for the use of the Navy and for sale to the American 
Merchant Marine. 

THE BUREAU OF STATISTICS. 

The Bureau of Statistics of the Department of Commerce and 
Labor is primarily concerned with collecting and tabulating 
statistics with relation to the commerce of the United States as 
shown by exports and imports. Collectors of customs are re- 
quired to furnish to this Bureau the necessary data, and it is 
also empowered to employ special agents to complete the work. 



THE AMERICAN GOVERNMENT. 789 

This Bureau was formerly under the Treasury Department, and 
in addition to the specific duties before named, it carries on a 
series of tables representing the receipts and expenditures of the 
United States, together with other information tending to show 
the statistics relative to the national trade and its relative im- 
portance in the world's markets. The Bureau has also been em- 
powered recently to compile a volume setting forth the customs 
tariffs of the world, together with the various systems of weights 
and comage. With the establishment of the permanent Census 
Bureau, there has been a suggestion that the statistical work of 
the Department of Commerce and Labor is unduly divided and 
propositions have been made for the combination of the Bureau of 
Statistics with the Census Bureau. The Chief of the Bureau re- 
ceives four thousand dollars a year, and various statutory directions 
have been made as to his duties in collecting various information and 
compiling the results thereof. Some of these directions conflict with 
those later made for the work of the permanent Census Bureau, so 
that the proposition before indicated for the consolidation of the 
two has been seriously considered. 

THE STEAMBOAT INSPECTION SERVICE. 

The Steamboat Inspection Service of the Department of Com- 
merce and Labor has charge of the administration of the United 
States statutes which were passed, first to secure the safety of pas- 
sengers on steam vessels, and later, to insure the safety of all persons 
who might be on board such vessels, whether passengers or 
officers and crew. Every vessel propelled in whole or in part by 
steam comes within these laws, except public vessels of the United 
States, canal boats and foreign vessels, unless the latter are 
carrying passengers from ports of the United States. Owing to 
the increase of the use of gasoline and other sources of motive 
power than steam, recent legislation has been enacted and further 
legislation is proposed, including the operation of other than 
steam vessels within the limits of the inspection service. 

The head of the Steamboat Inspection Service is the supervis- 
ing Inspector General, who is appointed by the President by and 
with the advice and consent of the Senate, and who receives three 



790 - THE AMERICAN GOVERNMENT. 

thousand five hundred dollars a year. He also receives reason- 
able traveling expenses or mileage at the rate of five cents per 
mile, while traveling on official business. Ten supervising in- 
spectors are also provided for the service, each of whom receives 
three thousand dollars a year, with the same traveling expenses 
as the Supervising Inspector General. The latter and the ten 
supervising inspectors meet annually in Washington, for the 
purpose of formulating rules for the inspection service, so that 
the application of the law may be uniform in all districts. When 
the action of the Board of Supervising Inspectors is approved by 
the Secretary of Commerce and Labor, it has the force of law. 
The member of the board from the Pacific Coast is not required 
to attend the meetings oftener than once in two years, but must 
send a report in the odd year. The limits of the district of each 
supervising inspector are fixed at the annual conference, and 
within such districts, inspectors of hulls and inspectors of boilers 
are appointed for the following ports, including the customs col- 
lection districts of which these cities are the centers. 

Philadelphia, Pennsylvania; San Francisco, California; New London, Con- 
necticut ; Baltimore, Maryland ; Detroit, Michigan ; Chicago, Illinois ; Bangor, 
Maine; New Haven, Connecticut; Michigan, Michigan; Milwaukee, Wiscon- 
sin; Willamette, Oregon; Puget Sound, Washington; Savannah, Georgia; 
Pittsburg, Pennsylvania; Oswego, New York; Charleston, South Carolina; 
Duluth, Minnesota; Superior, Michigan; Apalachicola, Florida; Galveston, 
Texas; Mobile, Alabama; Providence, Rhode Island; New York, New York; 
Jacksonville, Florida ; Portland, Maine ; Boston, Massachusetts ; Buffalo, 
New York ; Cleveland, Ohio ; Toledo, Ohio ; Norfolk, Virginia ; Evansville, 
Indiana; Dubuque, Iowa; Louisville, Kentucky ; Albany, New York; Cin- 
cinnati, Ohio; Memphis, Tennessee; Nashville, Tennessee; Saint Louis, 
Missouri; Port IJuron, Michigan; New Orleans, Louisiana; Juneau, Alaska; 
Saint Michael, Alaska; Point Pleasant, West Virginia, and Burlington, Ver- 
mont. 

The salaries paid are as follows : 

For the port of New York, two thousand five hundred dollars per year. 

For the districts of Philadelphia, Pensylvania ; Baltimore, Maryland ; San 
Francisco, California, and Puget Sound, Washington, and the ports of 
Boston, Massachusetts ; Buffalo, New York, and New Orleans, Louisiana, 
two thousand two hundred and fifty dollars per year. 

For the districts of Michigan, Michigan; Milwaukee, Wisconsin; Duluth,. 
Minnesota ; Providence, Rhode Island ; Chicago, Illinois, and the ports of 



THE AMERICAN GOVERNMENT. 79i 

Albany, New York; Cleveland, Ohio; Portland, Maine; Juneau, Alaska; 
Saint Michael, Alaska, and Norfolk, Virginia, two thousand dollars per year. 

For the districts of Oswego, New York; Willamette, Oregon; Detroit, 
Michigan, and Mobile, Alabama, and the ports of Saint Louis, Missouri, and 
Port Huron, Michigan, one thousand eight hundred dollars per year. 

For the districts of Pittsburg, Pennsylvania; New Haven, Connecticut; 
Savannah, Georgia; Charleston, South Carolina; Galveston, Texas; New 
London, Connecticut; Superior, Michigan; Bangor, Maine, and Apalachicola, 
Florida, and the ports of Dubuque, Iowa; Toledo. Ohio; Evansville, Indiana; 
Memphis, Tennessee; Nashville, Tennessee; Point, Pleasant, West Virginia; 
Burlington, Vermont; Jacksonville, Florida; Louisville, Kentucky, and Cin- 
cinnati, Ohio, one thousand five hundred dollars per year. 

In addition the Secretary of Commerce and Labor may appoint in districts 
or ports where there are two hundred and twenty-five steamers and upwards 
to be inspected annually, assistant inspectors, at a salary, for the port of 
New York, of two thousand dollars a year each; for the port of New 
Orleans, Louisiana; the districts of Philadelphia, Pennsylvania; Baltimore, 
Maryland ; the ports of Boston, Massachusetts ; Chicago, Illinois, and the 
district of San Francisco, California, at one thousand eight hundred dollars 
per year each ; and for all other districts and ports at a salary not exceeding 
one thousand six hundred dollars per year each. 

Other assistant inspectors may also be appointed in the discre- 
tion of the Secretary of Commerce and Labor. 

The inspector of hulls must be a person of good character and 
suitable qualifications and attainments to perform the services 
required of an inspector of hulls, who from his practical knowl- 
edge of shipbuilding and navigation and the uses of steam in navi- 
gation is fully competent to make a reliable estimate of the 
strength, seaworthiness, and other qualities of the hulls of 
vessels and their equipment deemed essential to safety of life in 
their navigation ; and the inspector of boilers must be a person 
of good character and suitable qualifications and attainments to 
perform the services required of an inspector of boilers, who from 
his knowledge and experience of the duties of an engineer em- 
ployed in navigating vessels by steam, and also of the construc- 
tion and use of boilers, and machinery and appurtenances there- 
with connected, is able to form a reliable opinion of the strength, 
form, workmanship, and suitableness of boilers and machinery to 
be employed, without hazard of life from imperfection in the mater- 



792 THE AMERICAN GOVERNMENT. 

ial, workmanship or arrangement of any part of such apparatus for 
steaming. 

The local inspectors must, once in every year, at least, carefully 
inspect the hull of each vessel within their respective districts, 
and shall satisfy themselves that every such vessel so submitted 
to their inspection is of a structure suitable for the service in 
which she is to be employed, has suitable accommodations for 
passengers and the crew, and is in a condition to warrant the 
belief that she may be used in navigation as a steamer with safety 
to life, and that all the requirements of law in regard to fires, 
boats, pumps, hose, life-preservers, floats, anchors, cables and 
other equipments are faithfully complied with. 

The local inspectors must also inspect the boilers and their ap- 
purtenances in all steam vessels before the same are used, atid once 
at least in every year thereafter, and subject all boilers to hydro- 
static pressure. Boilers must be well made, of good and suitable 
material ; the openings for the passage of water and steam, re- 
spectively, and all pipes and tubes exposed to heat, must be of proper 
dimensions and free from obstructions ; the spaces between and 
around the flues sufficient ; and the flues, boilers, furnaces, safety 
valves, fusible plugs, low-water indicators, feed-water apparatus, 
gauge cocks, steam gauges, water and steam pipes connecting 
boilers, means of prevention of sparks and flames from firedoors, 
low-water gauges, means of removing mud and sediment from boil- 
ers, and all other such machinery and appurtenances thereof, must be 
of such construction, shape, condition, arrangement and material 
that the same may be safely employed in the service proposed 
without peril to life. 

In addition to their duties as inspectors of hulls and boilers, 
the officers are required to hold examinations for the purpose 
of determining the qualifications of persons to be appointed as 
deck officers and engineers of steam vessels. All masters, chief 
mates and second and third mates, if they are to be in charge of 
the vessel during a watch, engineers and pilots of all steam ves- 
sels, must have licenses, also the masters and chief masters of 
sail vessels of over seven hundred tons, and all other vessels of 



THE AMERICAN GOVERNMENT. 793 

over one hundred tons which carry passengers. They are re- 
quired to make careful inquiry into the character of persons ap- 
plying for a license, as well as into their professional qualifica- 
tions, and may when satisfied that they are proper persons to re- 
ceive a license issue such a permit to act in a grade named for 
the term of five years. Upon the expiration of the term, the 
license may be renewed or a license of a higher grade issued, 
should it appear that the applicant's qualifications have improved. 
Some of the requirements for the issuance of licenses are as 
follows : 

Any applicant for license as master of ocean steamers must 
furnish satisfactory documentary evidence to the local inspectors 
that he has had three years' experience on ocean steamers, one 
year of which has been as chief mate, or five years' experience on 
ocean sail vessels of 300 gross tons and upward, two years of 
v/hich must have been as a licensed master of sail vessels ; and 
he must understand navigation and be able to determine the 
ship's position at sea by observation of the sun, to obtain longi- 
tude by chronometer, and to determine ship's latitude by the alti- 
tude of either the sun, moon, or stars. 

Any person who has actually served as a licensed third officer 
of ocean steamers of 3,500 gross tons and upward for five 
years, is eligible for examination for license as master of ocean 
steamers. Any person who has had three years' actual experi- 
ence as master of steam vessels of 1,000 gross tons and upward 
on the Great Lakes may be examined for license as chief mate 
of ocean steamers, and after having had one year's actual experi- 
ence as chief mate of ocean steamers of 1,000 gross tons and up- 
ward may be examined for license as master of ocean steamers. 

Applicants for license as master of sail vessels of above 700 
tons must have served a year as master of a vessel of over 200 
tons or as chief mate of a vessel of over 700 tons. Mates for the 
larger vessels must have served for a similar time as mates of 
smaller vessels. 

No original license as master of lake, bay and sound steamers 
shall be issued hereafter to any person who has not been licensed 



794 THE AMERICAN GOVERNMENT. 

and served at least one year as first-class pilot or chief mate on 
such steamers. 

Any person holding a license as master of lake, bay and sound 
steamers may have indorsed thereon the authority allowing him 
to act as master of steamers upon the waters of the Atlantic coast 
and the Gulf of Mexico if the applicant has had at least one year's 
experience as mate, quartermaster, or wheelsman of steam vessels 
upon the waters of the Atlantic coast or the Gulf. 

License as chief mate of ocean steamers can be issued to persons 
who have served three years in the deck department of such 
vessels, one year of such service to have been as scond mate. 

To persons who have had five years' experience on sail vessels 
of 300 gross tons and over, two years of which have been in the 
capacity of chief mate. 

Second mates of ocean steamers are licensed from persons who 
have had three years' experience on such steam vessels, two years 
as watch officer or quartermaster, or two of the three years' ex- 
perience required may be on the school-ship St. May's or some 
other similar vessel, as indicated by a graduating certificate. 

No original license as first-class pilot shall be issued to any 
person hereafter who has not had three years' experience in the 
deck department of a steam vessel, sail vessel or barge consort: 
This refers to pilots employed exclusively by one steam vessel 
pilots for particular harbors being appointed by State officials. 

Careful examination is made into the professional qualifica- 
tions and character of persons applying for license as engineers 
and they are divided into chief, first second and third assistant 
engineers for ocean steamers, condensing and non-condensing 
lake, bay and sound steamers and condensing and non-condensing 
river steamers. Engineers must only serve on vessels and in 
positions for which they are licensed and are subject to revoca- 
tion of license and penalties for non-licensed service. 

Boards of Inspectors also have power to suspend and revoke 
licenses for misconduct, violation of laws or rules and for failure 
to properly protect the lives and safety of passengers. Such 
action is taken after hearing of complaints in the premises, and 



THE AMERICAN GOVERNMENT. 795 

boards of inspectors have power to issue subpoenas and compel 
the attendance of witnesses at such hearings. An appeal may be 
made from the board of local inspectors to the supervising in- 
spector, with an ultimate appeal to the Board of Supervising In- 
spectors and the Secretary of Commerce and Labor. 

THE BUREAU OF FISHERIES. 

The Bureau of Fisheries is the outcome of legislation passed 
by the Congress in 1871, requiring an investigation to be made 
into the cause of the decrease in the supply of food fishes. As 
the result of this inquiry, considerable developments have been 
secured in the matter of propagating useful kinds of fisheries and in 
Stocking the depleted waters with the artificially hatched 
specimens. The Bureau of Fisheries maintains stations at different 
points throughout the United States, both on the seacoast and on 
the rivers, and is engaged at appropriate times of the year in 
collecting the eggs of fishes and in keeping them under condi- 
tions which have been found to be favorable to their hatching and 
retaining the young fish until such time as they may be restored 
to the waters of the lakes, rivers and sea, with a prospect that 
they may come to maturity. 

Two biological stations are maintained for the purpose of 
studying different sorts of marine life, and a system of railroad 
transportation has been worked out, so that by means of specially 
designed cars, fish and fish eggs may be transported from one part 
of the United States to another, so that new kinds may be 
introduced at different points and depleted stock made up from 
locations where supplies are more abundant. The Fish Commis- 
sion also maintain vessels on the Atlantic and Pacific Coasts 
which take deep sea cruises for the purpose of studying marine 
life in the lower depths of the sea, the vessel being fitted with 
deep-sea dredges and other means for the examination of the lower 
levels of ocean life. 

The Bureau of Fisheries has been especially interested in the 
efforts to re-stock the Northern Atlantic Coast with the lobster, 
which is threatened with extinction, but the large portion of its 



796 THE AMERICAN GOVERNMENT. 

activities are with relation to the cod, salmon and shad fisheries^ 
from which it has handled millions of eggs every year. 

The Bureau also has charge of investigations in a general way 
with relation to methods of taking fish, and has taken much in- 
terest in the matter of re-stocking depleted trout streams, and in the 
efforts of individuals to preserve and increase local supplies of 
fishes. The Bureau is under the direction of a Commissioner, who 
is appointed by the President, by and with the advice and consent 
of the Senate, and receives five thousand dollars a year. He is 
removable at the pleasure of the President and can hold no other 
office or emplo3^ment under the United States. 

THE BUREAU OF NAVIGATION. 

The Bureau of Navigation, under the direction of a Commissioner 
of Navigation, who is appointed by the President, by and with the 
advice and consent of the Senate, and receives a salary of four 
thousand dollars a year, has general supervision over the matters 
relating to the measurements and registration of vessels of the 
United States, which have been described under the heading of the 
"Collector of Customs." The Commissioner of Navigation ap- 
proves the names selected by the builder or owner of a vessel for 
the craft, so that there shall not be more than one vessel of the same 
name and description on the list of merchant vessels of the United 
States. The Commissioner of Navigation also gives the vessel a 
signal number, and supervises the issue of registration and other 
papers constituting the ship's documents, and without which a 
vessel is not entitled to the privileges of the navigation laws of the 
United States. The Commissioner of Navigation has also general 
supervision over matters relating to the collection of the tonnage 
tax, and with relation to fines and penalties imposed for the in- 
fraction of the laws of the United States relative to navigation. 
The description of such vessels which are entitled to registration 
under the navigation laws are as follows : 

Class I : Those built in the United States, wholly by a citizen or by an 
incorporated company of the United States. 

A vessel registered pursuant to law, which by sale has become the property 
of a foreigner, shall be entitled to a new register upon afterwards becoming^ 



THE AMERICAN GOVERNMENT. 797 

American property, unless it has been enlarged or undergone change in build 
outside of the United States. 

Class 2: Those built in the United States, in whole or in part under 
foreign ownership, and duly recorded, on being purchased, and wholly 
owned by a citizen of the United States, and never before documented. 

Class 3: Those captured in a war to which the United States is a party, 
by a citizen thereof, lawfully condemned as prizes, and wholly owned by a 
citizen or citizens of the United States. 

Class 4: Those which have been adjudged to be forfeited for a breach 
of the laws of the United States, and wholly owned by a citizen or citizens 
thereof. This does not include vessels sold under a decree in admiralty for 
debt or seamen's wages. 

Class 5 : Those wrecked within the waters of the United States, purchased 
and repaired by a citizen or citizens thereof, at a cost equal to three-fourths 
of the cost of the vessel when repaired. 

Class 6: Those sold by the United States Government to citizens, if built 
in the United States, but foreign-built vessels bought or chartered by the 
Government are not thereby entitled to registry on sale to a citizen. 

A foreign vessel imported in parts and put together in the United States 
can not be documented. 

Marine documents may be issued for vessels owned by an incorporated 
company within the United States in the name of the president, vice-presi- 
dent, or acting president or secretary of such company, and will not be 
vacated or affected by the sale of shares in such company to a foreigner. 

Steamboats, otherwise entitled to be documented, if employed only in a 
river or bay of the United States, may be enrolled and licensed as vessels 
of the United States, although owned wholly or in part by an alien resident. 

A documented vessel of the United States, seized or captured and con- 
demned under the authority of any foreign power, may receive new marine 
papers in case she shall afterwards become American property. 

In addition to the functions relative to keeping the records re- 
lating to the merchant vessels of the United States and having an 
oversight over the enforcement of the navigation laws, the Com- 
missioner of Navigation is charged with seeing that the laws rel- 
ative to the shipping and treatment of seamen in the American 
Merchant Marine are carried out. He also has the enforcement of 
the provisions made by law for the conduct of vessels when they are 
in proximity of each other, such regulations in part being as fol- 
lows: 

A steam-vessel when under way shall carry at a height above the hull 
of not less than twenty feet, a bright white light, so constructed as to show 
an unbroken light over an arc of the horizon of twenty points of the compass. 



798 THE AMERICAN GOVERNMENT. 

On the starboard side a green light so constructed as to show an unbroken 
light over an arc of the horizon of ten points of the compass, and visible 
at a distance of at least two miles. On the port side a red light so con- 
structed as to show an unbroken light over an arc of the horizon of ten 
points of the compass, of such a character as to be visible at a distance of 
at least two miles, both to be fitted with inboard screens projecting at least 
three feet forward from the light, so as to prevent the lights from being 
seen across the bow. 

A steam-vessel when towing another vessel shall, in addition to her side- 
lights, carry two bright white lights in a vertical line one over the other, 
not less than six feet apart, and when towing more than one vessel shall 
carry an additional bright white light six feet above or below such light, 
if the length of the tow measuring from the stern of the towing vessel to 
the stern of the last vessel towed exceeds six hundred feet. 

A vessel which from any accident is not under command shall carry at 
the same height as a white light mentioned where they can best be seen, 
and if a steam-vessel in lieu of that light, two red lights, in a vertical line 
one over the other, not less than six feet apart, and of such a character as 
to be visible all around the horizon at a distance of at least two miles; and 
shall by day carry in a vertical line one over the other, not less than six 
feet apart, where they can best be seen, two black balls or shapes, each 
two feet in diameter. 

Sailing vessels under way and being towed carry the green and 
red but not the white Hghts. Small steam vessels may carry the 
white light at such height as may be possible and rowing boats 
must carry a single white light. Pilot boats carry a white light at 
the mast head and show an occasional flare. Fishing boats using 
nets must show two white lights indicating the direction of the nets 
and steam (trawlers) trawlers a tri-colored lantern showing white 
dead ahead and red and green to port and starboard respectively. 
Sailing trawlers show a white flare. Vessels at anchor must show 
one white light at the bow and if more than 150 feet in length an 
additional light at the stern. 

In fog, mist, falling snow or heavy rain 

A steam-vessel having way upon her shall sound, at intervals of not more 
than two minutes, a prolonged blast. 

A steam-vessel under way, but stopped, and having no way upon her, 
shall sound, at intervals not more than two minutes, two prolonged blasts, 
with an interval of about one second between them. 

A sailing-vessel under way shall sound, at intervals of not more than one 
minute, when on the starboard tack, one blast; when on the port tack, two 



THE AMERICAN GOVERNMENT. 799 

blasts in succession, and when with the wind abaft the beam, three blasts 
in succession. 

A vessel when at anchor shall, at intervals of not more than one minute, 
ring the bell rapidly for about five seconds. 

A vessel when towing, a vessel employed in laying or picking up a 
telegraph cable, and a vessel under way, which is unable to get out of the 
way of an approaching vessel through being not under command, or unable 
to maneuver shall, at intervals of not more than two minutes, sound one 
prolonged blast followed by two short blasts. A vessel towed may give this 
signal and no other. 

When two sailing vessels are approaching one another, so as to involve 
risk of collision, one of them shall keep ut of the way of the other. 

A vessel which is running free shall keep out of the way of a vessel 
which is close-hauled. 

A vesel which is close-hauled on the port tack shall keep out of the way 
of a vessel which is close-hauled on the starboard tack. 

When both are running free, with the wind on dififerent sides, the vessel 
which has the wind on the port side shall keep out of the way of the other. 

When both are running free, with the wind on the same side, the vessel 
which is to the windward shall keep out of the way of the vessel which is 
leeward. 

A vessel which has the wind aft shall keep out of the way of the other 

vessel. 

When two steam vessels are meeting end on, or nearly end on, so as to 
involve risk of collision, each shall aUer her course to starboard, so that each 
may pass on the port side of the other. 

When two steam-vessels are crossing, so as to involve risk of collision, 
the vessel which has the other on her own starboard side shall keep out of 
the way of the other. 

When a steam-vessel and a saihng-vessel are proceeding in such directions 
as to involve risk of collision, the steam-vessel shall keep out of the way of 
the sailing-vessel. 

When vessels are in sight of one another, a steam-vessel under way, m 
taking any course required by the rules, shall indicate that course by the 
following signals on her whistle or siren, namely: 

One short blast to mean : "I am directing my course to starboard." 

Two short blasts to mean, "I am directing my course to port." 

Three short blasts to mean, "My engines are going at full speed astern." 

When a vessel is in distress and requires assistance from other vessels 
or from the shore, the following shall be signals to be used or displayed 
by her, either together or separately, namely : 

In the daytime — 

First. A gun or other explosive signal fired at intervals of about a mmute. 

Second. The international code signal of distress indicated by N C. 



8oo THE AMERICAN GOVERNMENT. 

Third. THe distance signal, consisting of a square flag, having either above 
or below it a ball or anything resembling a ball. 

Fourth. A continuous sounding with any fog signal apparatus. 

At night — 

First. A gun or other explosive signal fired at intervals of about a 
minute. 

Second. Flames on the vessel (as from a burning tar barrel, oil barrel, 
and so forth.) 

Third. Rockets or shells throwing stars of any color or description, fired 
one at a time, at short intervals. 

Fourth. A continuous sounding with any fog signal apparatus. 

Similar rules are made for the navigation of mland waters, the 
waters of the Mississippi and other great western rivers and for the 
navigation of the Great Lakes with suitable additions for the condi- 
tions of confined waters such as the following: 

When steam-vessels are approaching each other end on, or nearly so, it 
shall be the duty of each to pass on the port side of the other; and either 
vessel shall give, as a signal of her intention, one short and distinct blast 
of her whistle, which the other vessel shall answer promptly by a similar 
blast of her whistle. If the courses of such vessels are so far on the star- 
board of each other as not to be considered as meeting head and head, 
either vessel shall immediately give two short and distinct blasts of her 
whistle, which the other vessel shall answer promptly by two similar blasts 
of her whistle, and they shall pass on the starboard side of e.nch other. 

If, when steam-vessels are approaching each other, either vessel fails 
to understand the course or intention of the other, from any cause, the 
vessel so in doubt shall immediately signify the same by giving several short 
and rapid blasts, not less than four, of the steam-whistle. 

Whenever a steam-vessel is nearing a short bend or curve, in the channel, 
where, from the height of the banks or other cause, a steam-vessel approach- 
ing from the opposite direction can not be seen for a distance of half a 
mile, such steam-vessel, when she shall have arrived within half a mile of 
such curve, or bend, shall give a signal by one long blast of the steam whistle, 
which signal shall be answered by a similar blast, given by any approach- 
ing steam-vessel that may be within hearing. Should such signal be so 
answered by a steam-vessel upon the farther side of such bend, then the 
usual signals for meeting and passing shall immediately be given and an- 
swered; but, if the first alarm signal of such vessel be not answered, she 
is to consider the channel clear and govern herself accordingly. 

When steam-vessels are moved from their docks or berths, and other boats 
are liable to pass from any direction toward them, they shall give the same 
signal as in the case of vessels meeting at a bend. 

When steam-vessels are running in the same direction, and the vessel which 



THE AMERICAN GOVERNMENT. 8oi 

is astern shall desire to pass on the right or starboard hand of the vessel 
ahead, she shall give one short blast of the steam-whistle, as a signal of 
such desire, and if the vessel ahead answers with one blast, she shall put 
her helm to port; or if she shall desire to pass on the left or port side 
of the vessel ahead, she shall give two short blasts of the steam-whistle as 
a signal of such desire, and if the vessel ahead answers with two blasts, 
shall put her helm to starboard; or if the vessel ahead does not think it 
safe for the vessel astern to attempt to pass at that point, she shall imme- 
diately signify the same by giving several short and rapid blasts of the 
steam-whistle, not less than four, and under no circumstances shall the 
vessel astern attempt to pass the vessel ahead until such time as they have 
reached a point where it can be safely done, when said vessel ahead shall 
signify her willingness by blowing the proper signals. 

The vessel ahead shall in no case attempt to cross the bow or crowd upon 
the course of the passing vessel. 

The Commissioner of Navigation also attends to the details re- 
lating to shipping commissioners, who are provided by law^ to be ap- 
pointed by the Secretary of Commerce and Labor at the principal 
ports where ocean-going commerce is carried on, such commissioners 
being sworn officers who give bonds in the sum of not less than 
five thousand dollars, and who are entrusted with the duty of pro- 
viding crews for merchant vessels, but who are held to strict ac- 
countability for their compliance with the laws made for the pro- 
tection of seamen against unfair treatment and lack of proper food. 

The general duties of a shipping commissioner are: 

First. To afford facilities for engaging seamen by keeping a reg- 
ister of their names and characters. 

Second. To superintend their engagement and discharge, in 
manner prescribed by law. 

Third. To provide means for securing the presence on board at 
the proper times of men who are so engaged. 

Fourth. To facilitate the making of apprenticeships to the sea 
service. 

The shipping commissioner is required to see that the agreements 
made with seamen contain the following particulars : 

First. The nature, and, as far as practicable, the duration of the 
intended voyage or engagement, and the port or country at which the 
voyage is to terminate. 



8o2 THE AMERICAN GOVERNMENT. 

Second. The number and description of the crew, specifying 
their respective employments. 

Third. The time at which each seaman is to be on board, to begin 
work. 

Fourth. The capacity in which each seaman is to serve. 

Fifth. The amount of wages which each seaman is to receive. 

Sixth. A scale of the provisions which are to be furnished to 
each seaman. 

Seventh. Any regulations as to conduct on board, and as to 
fines, short-allowances of provisions, or other lawful punishments 
for misconduct, which may be sanctioned by Congress or authorized 
by the Secretary of Commerce and Labor, not contrary to or not 
otherwise provided for by law, which the parties agree to adopt. 

Eighth. Any stipulations in reference to allotment of wages, or 
other matters not contrary to law. 

Fee payable on engaging crew, for each member of the crew, 
(except apprentices) $2.00 

Fee payable on discharging crew, for each member of crew 
discharged 5^ 

For each boy apprenticed to the merchant service, including 
the indenture $5.00 

With reference to vessels of the American Merchant Marine, the 
Commissioner of Navigation is required to give such vessels when 
enrolled an official number, which must be deeply cut in the main 
beam, and he must require that the name of the vessel, together 
with the name of the port from which she hails shall be plainly 
marked upon appropriate portions of the vessel. He has general 
oversight of matters relative to the measurement of the cargo spaces 
of the vessel, and passes upon application for reduction in the 
amount of tonnage by reason of the existence of portions of the 
vessel which cannot be used for cargo space. 

The functions of the Commissioner of Navigation largely relate 
to operations which are also under the Treasury Department, so 
that it is probable that the nature of his performance of duty has 
considerably changed since the transfer of the Bureau to the De- 
partment of Commerce and Labor. The recent activities of the 



THE AMERICAN GOVERNMENT. 803 

Bureau noted are rather in the direction of those portions of the 
navigation laws relating to the operation of the vessel and to the 
administration of the personnel of the Merchant Marine than in con- 
nection to the laws relating to the customs revenue, with which the 
Bureau of Navigation was formerly closely associated. 

BUREAU OF IMMIGRATION AND NATURALIZATION. 

By reason of various enactments, especially that relating to the 
naturalization of aliens in the United States, the Bureau of Im- 
migration and Naturalization of the Department of Commerce and 
Labor has come to be one of the most important branches of the 
Federal Government. For the purpose of preventing the practice 
which had become rather prevalent abroad of shipping paupers, 
diseased persons and criminals to the United States, for their coun- 
try's good and this country's disadvantage, exclusion of the follow- 
ing classes of persons was ordered by statute. 

All idiots, imbeciles, feeble-minded persons, epileptics, insane persons, 
and persons who have been insane within five years previous ; persons who 
have had two or more attacks of insanity at any time previously; paupers; 
persons likely to become a public charge; professional beggars; persons 
afficted with tuberculosis or with a loathsome or dangerous contagious 
disease; persons not comprehended within any of the foregoing excluded 
classes who are found to be and are certified by the examining surgeon as 
being mentally or physically defective, such mental or physical defect being 
of a nature which may affect the ability of such alien to earn a living; per- 
sons who have been convicted of or admit having committed a felony or 
other crime or misdemeanor involving moral turpitude ; polygamists, or 
persons who admit their belief in the practice of polygamy, anarchists, or 
persons who believe in or advocate the overthrow by force or violence of 
the Government of the United States, or of all government, or of all forms 
of law, or the assassination of public officials ; prostitutes, or women or girls 
coming into the United States for the purpose of prostitution or for any 
other immoral purpose ; persons who procure or attempt to bring in prosti- 
tutes or women or girls for the purpose of prostitution or for any other 
immoral purpose; persons hereinafter called contract laborers, who have 
been induced or solicited to migrate to this country by oflFers or promises 
of employment or in consequence of agreements, oral, written or printed, 
express or implied, to perform labor in this country of any kind, skilled 
er unskilled ; those who have been, within one year from the date of appli- 
cation for admission to the United States, deported as having been induced 
or solicited to migrate as above described ; any person whose ticket or passage 



8o4 THE AMERICAN GOVERNMENT. 

is paid with the money of another, or who is assisted by others to come, 
unless it is affirmatively and satisfactorily shown that such person does 
not belong to one of the foregoing excluded classes, and that said ticket or 
passage was not paid for by any corporation, association, society, municipality, 
or foreign government, either directly or indirectly ; all children under six- 
teen years of age, unaccompanied by one or both of their parents, at the 
discretion of the Secretary of Commerce and Labor. 

In order that the United States should not be at the expense of 
enforcing this law, a tax of two dollars per head on each alien 
coming into the United States was assessed, such tax to be paid 
by the transportation company bringing the aline in, and to be a 
lien on the property of the company or individual transporting the 
alien. The administration of the law is placed under the direction 
of a Commissioner General of Immigration and Naturalization, who 
is appointed by the President by and with the advice and consent of 
the Senate and receives a salary of four thousand dollars a year. 
At each of the customs districts an officer or officers of the Immi- 
gration service is stationed, those at the most important customs 
points being Commissioners of Immigration, who are assisted by 
forces of inspectors, while inspectors are located at the sub-points 
and at points abroad, and in Canadian territory, in order to see 
that the preliminary requirements are complied with by transporta- 
tion lines. Upon the arrival of aliens in the United States, they 
are examined by inspection boards and by medical officers of the 
Public Health Service and if they come within the excluded classes, 
they are ordered to be deported at the expense of the transporta- 
tion company. Detention stations are provided at the main points 
of entrance, and outgoing steamer captains are required to notify 
the immigration stations twenty-four hours in advance of the date 
of sailing, in order that deported aliens may be placed on board. 
Persons whose exclusion from the United States is not clearly re- 
quired by law are made the subject of special inquiries by the 
Board of Inspectors, and upon unfavorable decision in their cases 
may appeal to the Commissioner General and to the Secretary of 
Commerce and Labor. A member of the Inspection Board dis- 
satisfied with the decision of the board may also take an appeal. 
Detained persons who are sick may receive hospital treatment, but 
the cost of all attention and care is assessed upon the transportation 



THE AMERICAN GOVERNMENT. 805 

companies, if the verdict is finally against the admission of the 
alien. If any alien becomes a public charge within a year from the 
time of his lawful landing he may be deported at the expense of the 
immigration fund, and the expense of support by state or munici- 
pality within the first year after his arrival may also be reimbursed 
from the immigration fund. 

The exclusion of Chinese persons from coming to the 
United States is required by statute, except when such persons are 
teachers, students, merchants or travelers for curiosity or pleasure, 
the object of the legislation being to exclude Chinese laborers. For 
the purpose of identifying the excepted classes, the following per- 
sons have been designated by the government to sign the neces- 
sary certificates of the character of the employment or calling in 
life of Chinese entitled to enter the United States. 

Brazil : Chief of police, or corresponding officers in the municipalities and civil 
subdivisions. 

Canada : 

Vancouver — Collector of customs. 

Victoria — Collector of customs. 

Ottawa — Chief controller of Chinese, or chief clerk in the department of 
trade and commerce. 
China : 

Acting viceroy of Hu Kuang (Hunan and Hupeh). 

Acting viceroy of Sze Ch'uen. 

Acting viceroy of Liang Kuang (Kuangtung and Kuanghsi). 

Tartar General of Fu-chou and customs superintendent of Fu-k'ien. 

Governor of Anhui. 

Governor of Hunan. 

Governor of Shantung. 

Governor of Kiangsi. 

Customs Taot'ai of Tientsin. 

Taot'ai of the Hui-Ning-Ch'ih-T'ai-Kwang circuit. 

Taot'ai of the Hang-chia-hu circuit. 

Acting Taot'ai of the Ning-Shao-T'ai circuit. 

Taot'ai of the Wen-Ch'u circuit. 

Taot'ai of the Yue-Ch'ang-Li circuit. 

Taot'ai of the Teng-Lai-Ch'ing circuit. 

Taot'ai of the Su-Sung-T'ai circuit. 
Cuba : Chief of immigration department. 

German Protectorate of Kiautchou : Commissioner for Chinese affairs to the 
government, civil commissioner, or oberrichter. 



8o6 THE AMERICAN GOVERNMENT. 

Guatemala : Minister of foreign affairs, or subsecretary of state. 
Hawaii : Secretary of the Territory. 
Hongkong : Registrar-general. 
Japan : 

Governor of any fu (district) or ken (prefecture). 

Hokkaido — Governor-general. 

Formosa — Chief of prefecture having jurisdiction. 
Mexico : Department for foreign affairs. 
Philippine Islands : Collector of customs. 
Portuguese Province of Macau : Secretary-general. 
Society Islands : Commissioner of police of the municipality of Papeete, 

Tahiti. 
Straits Settlements : Colonial secretary. 

Federated Malay States — Colonial secretary, federal secretary, or secre- 
tary for Chinese affairs. 
Trinidad : Governor. 
Venezuela : Mayors of cities or governors of provinces. 

Chinese laborers who were in the United States prior to the 
passage of the act referred to, and who registered, are allowed to 
return under close identification and special precautions are also 
taken with reference to the merchant class to prevent evasion of 
the law. Employees of the Bureau of Immigration are expected to 
enforce both the immigration and the Chinese exclusion laws, but 
for convenience in payment under the appropriations made by the 
Congress, are divided into immigration and Chinese exclusion in- 
spectors. Constant efforts go on to smuggle Chinese into the 
United States, and constant watchfulness is required of the Bureau 
of Immigration to prevent such smuggling, and to detect the 
persons who have unlawfully come into the United States, As 
soon as reasonable information is secured that a Chinese person is 
unlawfully within the United States, he is subject to arrest and to 
be taken before a United States Commissioner, who hears the proof 
in regard to the case, and upon a decree of deportation, the Chinese 
is taken in charge by a United States Marshal and delivered to a 
port on the Pacific Coast, where the Chinese are placed upon a 
vessel for deportation to China at the expense of the United States. 
Heavy penalties are imposed for the unlawful importation of Chinese 
persons into this country, and every master of a vessel coming 
to the United States which has Chinese sailors or servants on board 



THE AMERICAN GOVERNMENT. 807 

IS required to give a bond of five hundred dollars for each person to 
ensure that they shall not land from the vessel. 

Under the recent legislation with reference to naturalization in 
the United States, the Bureau of Immigration and Naturalization 
was made the recording office of the system, although no appropria- 
tion was effected which would give the Bureau the means to carry 
out certain other provisions of the law. In order to prevent frauds 
in naturalization, it is required that every male alien upon arrival in 
the United States shall be registered, the information retained at 
the port of entry being the name, age, occupation, personal descrip- 
tion, place of birth, last foreign residence and allegiance, date of ar- 
rival in the United States and the name of the vessel on which ar- 
riving, — such information being made a portion of the records of 
the Bureau of Immigration and Naturalization. When the alien 
makes application for naturalization, his statements as to the time of 
residence in the United States may be verified and he may be 
identified also by reference to the circumstances of his arrivaf. 
Specific jurisdiction is given by the recent law for purposes of 
naturalization to United States Courts, and to all state courts which 
have a seal, a clerk and jurisdiction in actions in law and equity. 
The jurisdiction of the court, however, relates only to aliens re- 
siding in its respective district. No person who disbelieves in or 
who is opposed to organized government can be naturalized nor 
any person who cannot speak the English language, unless the 
deficiency is due to physical causes. No alien can be admitted as a 
citizen of the United States during the time the United States may 
be at war with the country from which the alien desires to disavow 
allegiance. Aliens over twenty-one years of age who have served 
an enlistment in the Army, Navy or Marine Corps are entitled to be 
naturalized, after honorable discharge, without previous declara- 
tion of intention, and alien seamen in the merchant service who have 
filed declarations of intention may be naturalized upon exhibiting a 
certificate of three years service, with good conduct, on a merchant 
vessel of the United States. Persons residing in any of the posses- 
sions of the United States who are not citizens may become so by be- 
coming residents of a state or organized territory of the United 
States, for two years from the date of filing a declaration of inten- 



8o8 THE AMERICAN GOVERNMENT. 

tion to become a citizen. Residence within the jurisdiction of the 
United States during the previous three years is regarded as 
residence within the United States. Children of persons who are 
naturaHzed become citizens of the United States, if they were less 
than twenty-one years of age at the time of the naturalization of 
their fathers. No Chinese person can be admitted to citizenship, 
and the privileges of the naturalization laws are restricted to white 
persons and persons of African nativity or descent. In order to be- 
come a citizen of the United States, an alien must first live three 
years in this country and then file a declaration of intention, stating 
that he is more than eighteen years of age and giving the necessary 
data which will enable him to be identified. Two years after he 
has filed his declaration of intention and not more than seven years 
after having made such declaration, the alien may file a petition, 
setting forth his desire to become a citizen of the United States, 
and complying with the various requirements established by law, in- 
cluding a declaration of renunciation of his former allegiance. The 
other requirements are that he shall not be opposed to organized 
government, or a polygamist or a believer in polygamy, that he will 
support the United States and is attached to the principles of the 
Constitution. The verification of two witnesses must accompany 
the petition. The declaration of the intention having been filed 
with the Bureau of Immigration and Naturalization two years be- 
fore, opportunity has been given for the investigation of the 
character of the applicant, and of his statements, which investiga- 
tion is for the time being conducted by the Department of Justice, 
but will probably be transferred to the Department of Commerce & 
Labor. Each petition must be posted by the clerk of the court in 
which it is filed at least ninety days before the hearing upon the ap- 
plication, and the latter must be in open court. At the heanng, it 
must be made to appear to the staisfaction of the court that the ap- 
plicant has resided within the state or territory where such court is 
held at least one year, that he has been continuously resident within 
the United States for five years, that he has behaved during his 
residence within the state as a man of good moral character, at- 
tached to the principles of the Constitution of the United States and 
well disposed to the good order and happiness of the country. At 



THE AMERICAN GOVERNMENT. 809 

least tv/o witnesses to the foregoing must appear at the hearing, and 
the United States has the right to appear and set forth any facts 
which may have developed on the investigation of the case, or con- 
duct such cross-examination as may seem to be advisable. The ap- 
plicant must, of course, swear allegiance to the United States, as 
well as renounce allegiance to any other foreign state, and es- 
pecially the state of which he was a native, and in case he possesse.*" 
any foreign title he is required to renounce the same. Upon a 
favorable decree by the Court, a certificate of naturalization is given 
to the petitioner by the clerk. Such certificates are prepared in blank 
and furnished by the Bureau of Immigration and Naturalization of 
the Department of Commerce and Labor, are numbered in series and 
are recorded in that Bureau. Upon the issuance of a certificate of 
naturalization, the clerk of the court is required to make a return 
to the Bureau of Immigration and Naturalization, upon which re- 
turn a permanent record is made of the person holding naturaliza- 
tion certificate. Return is also required of all applications of 
naturalization which have been denied, the purpose being to secure 
in one central office a record of all persons who may become 
naturalized citizens, or who have been rejected from the time the 
naturalization laws were passed. 

THE BUREAU OF STANDABiDS. 

The constitutional provision giving the Congress the power to 
fix the standard of v/eights and measures was necessary not only 
to prevent complications in the intercourse between the citizens of the 
different states, but also to bring about a uniform system of measure- 
ments, for the imposition of the national customs duties. The mat- 
ter of establishing such units of measurement has therefore been 
under the direction of the Treasury Department until the institution 
of the Department of Commerce and Labor, when a bureau for the 
exact determination of such standards was created. The organiza- 
tion consists of a director at a salary of five thousand dollars a year, 
with a force of scientific assistants, and its functions are as follows : 

The custody of the standards ; the comparison of the standards 
used in scientific investigations, engineering, manufacturing, com- 
merce, and education, with the standards adopted or recognized by 



8io THE AMERICAN GOVERNMENT. 

the Government; the construction, when necessary, of standards, 
their multiples and subdivisions; the testing and calibration of 
standard measuring apparatus ; the solution of problems which arise 
in connection with standards; the determination of physical con- 
stants and the properties of materials. The Bureau will also furnish 
such information concerning standards, methods of measurement, 
physical constants, and the properties of materials as may be at its 
disposal. 

Besides the determination of weights and measures, and the exact 
establishment of a basis at which scientific measurements might be- 
gin, the Bureau has developed a series of experiments and measure- 
ments with regard to electric currents and other manifestations of 
force. The Bureau is empowered to exercise its functions for any 
state or municipal government, or for any scientific society, 
educational institution, firm, corporation or individual within the 
United States at a scale of fees which is fixed by the Secretary of 
Commerce and Labor. General regulations governing applications 
for tests are as follows: 

The request for verification of any apparatus should state fully the nature 
of the test and other conditions, if any, which it is desired should be 
observed. 

Both the instruments and the packages in which they are shipped should 
be plainly marked to facilitate identification, preferably with the name of 
the manufacturer or shipper, and a special reference number should be given 
to the article. 

No risk of breakage will be assumed by the Bureau. All possible care will 
be taken in handling the apparatus submitted for test, but a certain amount 
of breakage is unavoidable and must be borne by the owner. 

Instruments should be securely packed in cases of packages which may be 

used in returning them to the owner. Tops of cases should be screwed down 

-whenever possible. Transportation charges are payable by the party desiring 

the test, and should be prepaid. Unless otherwise arranged, articles will be 

returned by express "collect." 

Articles and correspondence should be addressed simply, "Bureau of 
Standards, Department of Commerce and Labor, Washington, D. C." De- 
lays incident to other forms of address will thus be avoided. 

Articles delivered in person or by messenger should be left at the office 
of the Bureau and should be accompanied by a written request for the veri- 
fication. 

Fees may be remitted by money order or check drawn to the order of 



THE AMERICAN GOVERNMENT. 8il 

the "Bureau of Standards," and should be sent with the request for test 
whenever practicable. Delays in forwarding fees involve corresponding 
delays in the return of articles tested, as articles are held until the fees due 
thereon have been paid. 

An advisory and inspecting visiting committee of five members is 
provided for, to be appointed by the Secretary of Commerce and 
Labor, and to consist of men prominent in the various interests in- 
volved in the work of the Bureau, but not in the employ of the 
Government. The committee is to visit the Bureau at least once 
a year, and to report to the Secretary of Commerce and Labor as 
to its efficiency and the condition of its equipment. The members 
serve without compensation and for the period of five years, the ap- 
pointments being arranged so that one new appointment is made in 
each year. 



8i2 THE AMERICAN GOVERNMENT. 



CHAPTER XVII. 

FUNCTIONS OF COMMISSIONERS — INTERSTATE COMMERCE COMMISSION 

CIVIL SERVICE COMMISSION THE PHILIPPINE 

AND ISTHMIAN COMMISSIONS. 

No provision for the institution of a Commissioner or member 
of a special board for the administration of any law to be made 
by the Congress was included in the organic act of the federation 
of the United States, but this accessory of government was by no 
means unknown to the statesmen of that time either as a historical 
incident or as a contemporary measure. The idea of placing a special 
function in the hands of a small number of persons of supposed 
expert knowledge or exceptional ability is as old as the Anglo-Saxon 
idea of self-government itself, and was repeatedly used in the form- 
ative period of the English government and continues to the present 
day when certain functions of the Crown, instead of being entrusted 
to individual functionaries, are placed in the hands of groups of 
persons who are expected to find among their membership knowledge 
and resource, the ability to transact large amounts of business and to 
provide against corruption and ill-practice so that a better adminis- 
tration would be assured than that of a single person. In the gov- 
ernment of the United States the idea of the commission has been 
more rarely that of an executive than of an investigative body, al- 
though there was an experiment at administering the Navy by a 
commission, and the theory has more often been that of a body of 
expert or well-qualified persons undertaking a semi-judicial deter- 
mination of matters involved, with the purpose that ultimate action 
shall be taken by the executive, either in accordance with the direc- 
tion of Congress based on the finding of the commission, or directly 
upon such finding. 

It is only within comparatively recent years that there have been 
any permanent commissions exercising administrative functions, but 
two great examples of this method of carrying on executive work 
have been established by the Interstate Commerce Commission and 



THE AMERICAN GOVERNMENT. 813 

the Civil Service Commission. Both of these seem to have secured 
a permanent place in the system of government of the United States, 
although the attempt to administer the Panama Canal plan by a 
commission was a failure, and the administration of the Philippines 
by commission has developed into an executive administration along 
the lines of traditional territorial government. 

THE INTERSTATE COMMERCE COMMISSION. 

The Interstate Commerce Commission, perhaps contemplated by 
the legislation originally establishing the position as largely an in- 
vestigative body, has been given materially greater importance by 
recent legislation, and although its status has not been finally defined, 
its relation to the commerce of the United States under the law as 
it now stands makes it of superior importance to any similar organi- 
zation in the Federal government, and may, under the circumstances 
of future development, make it a factor equivalent to an Executive 
Department. 

The Commission as created by the law of 1887 consisted of five 
members, with a compensation of $7,500 each, and a term of office 
of six years. This was changed by the law of 1906, so that the Com- 
mission consists of seven members to be appointed for a term of 
seven years each and to have a compensation of ten thousand dollars 
a year. The terms of appointment have been so arranged that one 
Commissioner will be appointed each year on the expiration of a 
seven-year term and vacancies arising by other than such expiration 
will be filled for the balance of the unexpired term only. Not more 
than four Commissioners can be appointed from one political party, 
it being the intention to secure a non-partisan board and the element 
of disinterestedness is provided for by the requirement that no 
person in the employ of or holding any official relation to a common 
carrier can be appointed, nor any person holding stocks or bonds or 
pecuniarily interested in a corporation or firm doing business as a 
common carrier. The Commissioners are forbidden to engage in any 
other business, vocation or employment. 

Among the powers delegated by the States to the Congress was 
that to regulate commerce between the States. Just what was meant 
by this delegation may be a subject of interesting speculation, but it 



8i4 THE AMERICAN GOVERNMENT. 

has not yet had an exact definition. Under this authority the Con- 
gress has assumed wide powers and seems likely to take even a 
broader view of the authority thus conferred, and has delegated 
the exercise of many of its powers with relation to the carriage of 
persons and commodities to the Interstate Commerce Commission. 
Holding that whenever a person or thing is taken up in one State 
for delivery within another State it has the power to prescribe the 
terms and manner of such carriage, the Congress has established 
general rules and has created for their application the Commission 
here considered. It is, of course, true that with any carriage wholly 
within the limits of one State the Congress or the Interstate Com- 
merce Commission has nothing to do, but so few common carriers 
are confined in their operations to one State, either in their own 
business or over that of connecting roads, that the purview of the 
Interstate Commerce Commission is practically comprehensive of all 
matters of transportation within the continental limits of the United 
States and of many matters of ocean transit. 

Specifically, the jurisdiction of the Commission extends to all per- 
sons or corporations who are engaged in the transportation of pas- 
sengers and property other than within the limits of a single State, 
including railway and allied steamboat lines, pipe lines, except water 
and gas lines, express companies and sleeping car companies, and 
includes all means whatever used in the course of such transporta- 
tion. 

The Congress has enacted that the rates for carrying persons and 
commodities shall be equal and equitable and has denounced dis- 
criminations and imposed penalties for discrimination. To avoid 
such penalties common carriers must file with the Commission and 
keep open for public inspection copies of all tariffs established. Com- 
plaints that such tariffs are inequitable or that they are being vio- 
lated by special rates or favors to certain shippers may be brought 
before the Commission which now has power, subject to a revision 
by the courts on appeal by the common carrier affected, to fix a sum 
which shall be the maximum to be charged for the service in ques- 
tion. In case of a discrimination or ascertained injustice the Commis- 
sion has power to fix the sum which shall be paid as damages, and is 
authorized to appeal to the United States courts for the enforcement 



THE AMERICAN GOVERNMENT. 815 

of its awards and of its decrees, as well as to call the attention of 
the prosecuting authorities of the United States to the instances of 
violation of the Interstate Commerce law which come to its notice 
and for which a penalty is provided. The distinct difference made 
by the recent legislation is that while the Commission formerly could 
declare a rate unreasonable, it can now fix the amount of a reason- 
able rate, thus giving it a positive power instead of the negative ' 
power formerly held. 

Under the law as amended the Commissioners have a wide scope 
of power with relation to the affairs of common carriers. They may 
inquire into the details of their transactions and the courts will com- 
pel the attendance of witnesses and of the production of books and 
papers before the hearings authorized. They are also authorized 
to compel annual reports from all common carriers covering the de- 
tails of business and may prescribe the method of keeping the ac- 
counts as well as the items to be covered in the annual reports made. 
Provision is made for complaint by any person to the Commission 
of discriminations in transportation or of violation of the Interstate 
Commerce law, and hearings on such complaints form the bulk of 
the business of the Commission. The hearings and business sessions 
may be held in Wahington, when a majority of the Commission is 
necessary for the transaction of business. It is provided, however, 
that vacancies shall not be construed as preventing the remaining 
members from exercising the full powers of the Commission. One 
or more Commissioners may be delegated to go to places other than 
Washington for the purpose of making investigations and taking 
testimony, and provision is made for the necessary employes and for 
travelling expenses which are paid on the voucher of the Chairman 
of the Commission. Much of the testimony outside of Washington 
is, however, taken by special examiners employed by the Commis- 
sion, Special provision is made for the immunity of witnesses from 
prosecution who shall have disclosed incriminating facts in sequence 
to a subpoena from the Commission, but this does not extend to per- 
jury in such testimony. 

The Commission is charged with investigating any complaint that 
may be forwarded by the railroad commissioner or commission of 
any State and may investigate and make inquiries on its own motion. 



8i6 THE AMERICAN GOVERNMENT. 

The findings and recommendations of the Commission in any case 
are placed on record and form the basis of judicial procedure if any, 
the Commission being authorized to have a seal noticeable by the 
courts. It is empowered to provide for the publication of its de- 
cisions in such manner as it may deem fit, and such publications are 
to be received as competent evidence in court. The Commission 
makes its own orders and regulations for the course of procedure 
before it, but no Commissioner can participate in any proceeding 
or hearing in which he has any pecuniary interest. All votes and 
acts must be recorded and the proceedings of the Commission must 
be made open and public upon request of either party interested. 
Either of the members of the Commission is given power to admin- 
ister oaths and affirmations and sign subpoenas. The Commission 
has the power to choose its Secretary and to employ other service, 
to hire suitable offices and to purchase necessary supplies. The 
former supervision over services and supplies by the Secretary of 
the Interior was abolished a few years after the constitution of the 
Commission which was thus made practically independent, being 
checked only by the audit of the Treasury Department. An annual 
report must be made to Congress giving the details of the work 
of the Commission, together with the names and compensation of all 
persons employed. 

Discretionary power is given to the Commission to modify the pro- 
vision of the law that no equal or greater sum shall be charged for 
a smaller distance than for a greater distance that includes the 
smaller, this being the "long and short haul" clause by which in the 
discretion of the Commission through rates may be established which 
are less than local rates, though the practice of such discrimination 
is, in general, forbidden by law. The Commission is also given 
power to require connection of the private sidings or tracks of ship- 
pers to the tracks of common carriers by means of switches where 
the conditions are reasonable, and all icing, terminal, switching and 
other charges incident to transportation are placed under the Com- 
mission's control. 

In addition to their functions with relation to the charges and 
manner of transportation, the Commission has had charge of the 
execution of the Federal laws requiring rolling stock on railroads 



THE AMERICAN GOVERNMENT. 817 

engaged in interstate commerce to be provided with air brakes, uni- 
form and automatic couplers and safety appliances for the protection 
of trainmen against accident. Common carriers are also required 
to make full reports of all accidents to passengers and employes to 
the Commission and all occasions of derailment and collision must 
be similarly reported. 

Under the terms of the "Arbitration Act" passed in 1898, the 
Chairman of the Interstate Commerce Commission is directed, jointly 
with the Commissioner of Labor to mediate between the employes 
of a common carrier, and the common carrier in case of disagree- 
ment as to terms of employment and to endeavor to settle such con- 
troversies. Agreements for arbitration of difificulties are filed in the 
office of the Interstate Commerce Commission, and under certain 
conditions the Chairman takes part in making up the Board of 
Arbitration. 

Congress having provided aid for the construction of certain tele- 
graph lines, both as separate installations and in connection with 
railroad construction, the interests of the people generally in the 
conduct of such lines is placed under the direction of the Interstate 
Commerce Commission. Failure by commercial companies to make 
satisfactory connections with such telegraph lines can be remedied 
on complaint to the Commission and on the initiative of the Com- 
mission itself. Such aided telegraph lines must file annual reports 
with the Commission as to the business of such lines, and informa- 
tion as to all contracts and agreements with connecting lines. The 
Commission is given power to adjudge the conditions of reasonable 
operation and service of such lines and failure to comply with the 
orders of the Commission as to such operation is punishable as a 
misdemeanor, while the party aggrieved is given the right to bring 
an action for damages. 

Although specific duties and powers are given to the Chairman of 
the Interstate Commerce Commission by law, there is no statute 
establishing such an office, the assumption being that the Commis- 
sion would organize by the selection of a chairman, a secretary being 
provided by law. The method of choosing the chairman is entirely 
^n the discretion of the membership of the Commission, but it has 
been the practice for the member oldest in service to act as chairman. 



8i8 THE AMERICAN GOVERNMENT. 

A proposition has been made that each member should act as chair- 
man for one year, but this has never been carried out. Other than 
the exceptions herein given the Chairman has no powers, statutory 
or delegated, than those of the other Commissioners. 

THE MEMBER OF THE CIVIL SERVICE COMMISSION. 

In order to understand the reason for the functions and existence 
of the member of the Civil Service Commission it is necessary to 
comprehend something of the condition which existed with regard 
to the civil service of the United States prior to the legislation which 
created the present system of regulation of Federal employes. Prior 
to the Act of 1 87 1 which gave the President power to prescribe 
regulations for the admission of persons to the civil service and 
which was the forerunner of the present law, all positions under the 
Federal government were subject to appointment for reasons having 
to do with the supposed welfare of the dominant political party. 
The appointments in the Federal service, very considerably less in 
number than at present, were apportioned more or less equitably 
among members of Congress and among party managers in States 
in which the opposition to the administration was the dominant party, 
and tenure of office depended upon the favor of those to whom the 
patronage was thus allotted. It is maintained that the general aver- 
age of Federal employes thus appointed was such as to give a reason- 
ably efficient service, and that the level of intelligence and capability 
for original work was higher than under the present system which is 
described as less likely to attract persons of activity and of initiative. 
The evils, however, of uncertain tenure, of diversion of government- 
paid services to political work, accentuated by the increasing 
business of the government, became intolerable, especially in the de- 
partments in Washington, and one of the notable agitations of the 
generation just preceding the present brought about an entire over- 
turn of the former system so that with respect to more than two 
hundred thousand Federal employes at the present time, the full sys- 
tem urged for a reform of the civil service is in effect, while so far 
as its principles are applicable they are being applied in a constantly 
increasing ratio to all employes of the general government. 

The Civil Service Commissioners were provided for by the Act 



THE AMERICAN GOVERNMENT. 819 

of 1883, subsequent to the tentative and permissive act before men- 
tioned. Unlike a commission exercising delegated powers from the 
Congress, they constitute a board to assist in the duties imposed 
upon the President of selecting employes in the civil service accord- 
ing to carefully specified principles. They are appointed by the Presi- 
dent by and with the advice and consent of the President, but may 
be removed by him without reference to the Senate, though he cannot 
fill vacancies without confirmation. The Commissioners are paid 
$3,500 each per year and necessary travelling expenses, and can hold 
no other official place under the United States. 

It is the duty of the Commissioners to aid the President to formu- 
late rules for the selection of civil employes and for their promotion 
and transfer, to carry out the provisions of the rules and to take 
notice of their infraction. They are wholly and directly under the 
control of the President and exercise no independent powers, being 
bound by the established rules in the construction given to them by 
the President, and all exceptions to the rules are ordered and directed 
by the President. 

The fundamental principles established by Congress in the Act of 
1883 and which constitute the system known as "Civil Service Re- 
form" are that entrance to the classified service of the United States 
shall be secured by open, competitive examination, and that appoint- 
ments shall be only made from those who attain the highest grade 
in such examinations. That appointments shall be proportioned 
among the several States and Territories and the District of Colum- 
bia in proportion to the respective populations. It results from this 
provision that a person, although attaining a high grade in an exami- 
nation cannot secure an appointment in excess of the quota of the 
State of his or her legal residence, so long as other State and Terri- 
tory quotas are unfilled. That there shall be a period of probation 
before final appointment to the civil service. That no political con- 
tribution shall be exacted from persons in the civil service, and no 
person shall use his official position to coerce the political action of 
any person or body. 

For the administration of the duties imposed upon them the Civil 
Service Commissioners are afforded the accommodation of a build- 
ing rented under the direction of the Interior Department at Wash- 



820 THE AMERICAN GOVERNMENT. 

ington with a due number of employes at Washington and a field 
force, together with the rural carrier examining force, the total 
salary list being approximately two hundred thousand dollars. In 
spite of the fact that the Commission was established by the Con- 
gress as the result of a preponderant public opinion, it has been with 
difficulty that the appropriations for the annual maintenance have 
been secured, and only recently the custom of detailing clerks from 
the departments to do the work of the Commission has been stopped 
after Congress had been practically forced into making adequate 
specific appropriations. The meagre amounts appropriated for the 
compensation of the Commissioners is also probably due to the dis- 
inclination of Congress to appropriate liberally in the Commission's 
behalf. 

The members of the Civil Service Commission appoint a chief ex- 
aminer to superintend the work of examining applicants and are 
empowered at one or more places in each State and Territory to 
select from among the persons in the official service of the United 
States, not less than three for each locality, who shall constitute 
boards of examiners to conduct the examination of applicants for 
entrance to the civil service. Sets of examination questions for each 
branch of the service of the United States coming under the scope 
of the law are made up under the direction of the Commission who 
are required by law to make the examinations practical and appli- 
cable to the kind of service expected to be rendered. Examinations 
on these questions are held at Washington and at the points through- 
out the country provided under the requirement for local examina- 
tions. The papers made out by the applicants are not marked by the 
local boards, but the marking and averaging of the results is done in 
Washington under the supervision of the Commissioners. An aver- 
age of 70 is required to have passed the examinations with the ex- 
ception of Civil and Spanish war veterans who are required only to 
get an average of 65, and who have a preference over all other ap- 
plicants in position on the list of eligibles, although other applicants 
may have made much higher averages. Non- veterans are arranged 
on eligibility lists in accordance with the averages secured and upon 
application from a head of department for a person to fill a position, 
three names are certified from the appropriate list, one of which must 



THE AMERICAN GOVERNMENT. 821 

be selected by the appointing power, except for good reason, and on 
failure to select a recertification is made until a selection is made. 

Persons to be admitted to examination under the direction of the 
Civil Service Commission must be citizens of the United States or 
must owe allegiance to the United States, such as being a citizen of 
Porto Rico, etc. They must be between the ages prescribed for the 
different classes or positions, where a maximum is prescribed, except 
in the cases of veterans for whom age limitations are waived. They 
must be of good character and habits, and persons who have been 
dismissed from the service within one year next preceding, who 
have made false statements as to facts in connection with their ap- 
plications, or who have practiced deception or fraud in connection 
with an examination will be barred. The habitual use of intoxicating 
beverages to excess is a cause for refusal of examination and also for 
removal from the service. 

In addition to the examinations for appointment to the classified 
service, the Civil Service Commission conducts examinations for 
positions of a technical and professional character under the Insular 
government of the Philippines, examinations of midshipmen for the 
Naval Academy at Annapolis, and for cadets in the Revenue Cutter 
Service, and maintains registers for unskilled laborers outside of 
Washington, and unclassified laborers in Washington and for em- 
ployment under the Isthmian Canal Commission, except for certain 
excepted positions. 

The following civil service districts have been established: 

First district. — Headquarters, Boston, Mass. : Maine, New Hampshire, Ver- 
mont, Massachusetts, Rhode Island, and Connecticut except Fairfield and 
New Haven counties. 

Second district.— Ueadquarters, New York, N. Y. : New York, Fairfield 
and New Haven counties in Connecticut and the counties of Bergen, Essex, 
Hudson, Morris, Passaic, Sussex, and Union in the State of New Jersey. 

Third district. — Headquarters, Philadelphia, Pa. : Pennsylvania, Delaware, 
and the counties of Atlantic, Burlington, Camden, Cape May, Cumberland, 
Gloucester, Hunterdon, Mercer, Middlesex, Monmouth, Ocean, Salem, Somer- 
set, and Warren in the State of New Jersey. 

Fourth du/nV^— Headquarters, Washington, D. C. : Maryland, West Vir- 
ginia, Virginia, North Carolina, and the following local services in the 
District of Columbia, viz., post-office and custom-house. 



822 THE AMERICAN GOVERNMENT. 

Fifth district. — Headquarters, Atlanta, Ga. : South Carolina, Georgia, Ala- 
bama, Florida, Mississippi, and Tennessee. 

Sixth district. — Headquarters, Cincinnati, Ohio : Ohio, Indiana, and Ken- 
tucky. 

Seventh district. — Headquarters, Chicago, 111. : Wisconsin, Michigan, and 
the counties of Boone, Bureau, Carroll, Cook, Dekalb, Dupage, Ford, Grundy, 
Henderson, Henry, Iroquois, Jo Daviess, Kane, Kankakee, Kendall, Knox, 
Lake, Lasalle, Lee, Livingston, McHenry, Marshall, Mercer, Ogle, Peoria, 
Putnam, Rock Island, Stark, Stephenson, Warren, Whiteside, Will, Winne- 
bago, and Woodford in the State of Illinois. 

Eighth district. — Headquarters, St. Paul, Minn. : Minnesota, North Dakota, 
South Dakota, Nebraska, and Iowa. 

Ninth rf/.y/ricf.— Headquarters, St. Louis, Mo. : Kansas, Missouri, Arkansas, 
the counties of Adams, Alexander, Bond, Brown, Calhoun, Cass, Champaign, 
Christian, Clark, Clay, Clinton, Coles, Crawford, Cumberland, Dewitt, Doug- 
las, Edgar, Edwards, Effingham, Fayette, Franklin, Fulton, Gallatin, Greene, 
Hamilton, Hancock, Flardin, Jackson, Jasper, Jefiferson, Jersey, Johnson, 
Lawrence, Logan, McDonough, McLean, Macon, Macoupin, Madison, Marion, 
Mason, Massas, Menard, Monroe, Montgomery, Morgan, Moultrie, Perry, 
Piatt, Pike, Pope, Pulaski, Randolph, Richland, St. Clair, Saline, Sangamon, 
Schuyler, Scott, Shelby, Tazewell, Union, Vermilion, Wabash, Washington, 
Wayne, White, and Williamson in the State of Illinois, Oklahoma, and 
Indian Territory. 

Tenth district. — Headquarters, New Orleans, La. : Louisiana and Texas. 

Eleventh district. — Headquarters, Denver, Colo. : Wyoming, Utah, Colo- 
rado, Arizona, and New Mexico. 

Twelfth district. — Headquarters, San Francisco, Cal. : California, Nevada, 
Washington, Oregon, Idaho, and Montana. 

The classification of the civil service was adopted by each head of 
a Department and Government establishment on direction of the Pres- 
ident on June 9, 1896. It arranges officers and employees, other than 
mere laborers and persons whose appointments are confirmed by the 
Senate, in classes according to annual salary or compensation, as 
follows : 

A. Less than $720. 

B. $720 or more and less than $840. 

C. $840 or more and less than $900. 

D. $900 or more and less than $1,000. 

E. $1,000 or more and less than $1,200. 

1. $1,200 or more and less than $1,400. 

2. $1,400 or more and less than $1,600. 

3. $1,600 or more and less than $1,800. 



THE AMERICAN GOVERNMENT. 823 

4. $1,800 or more and less than $2,000. 

5. $2,000 or more and less than $2,500. 

6. $2,500 or more. 

The classification further provides that no person appointed as a 
laborer without examination under the rules shall be assigned to 
work of the same grade as that performed by classified employees, 
and no person shall be admitted into any place not excepted from 
examination by the rules until he shall have passed an appropriate 
examination before the Commission and his eligibility has been certi- 
fied to the appointing officer by the Commission. 

The Railway Mail Service has a different classification, and a re- 
arrangement of positions in the classified service has been recom- 
mended by a committee appointed by the President from the Execu- 
tive departments. This recommendation has not, however, become 
effective, and the foregoing classification still stands. 

The classified service includes all officers and employes in the 
executive civil service of the United States, in positions now existing 
or hereafter to be created, of whatever function or designation, 
whether compensated by a fixed salary or otherwise, except persons 
employed merely as laborers, and persons whose appointments are 
subject to confirmation by the Senate. 

All persons must undergo an examination to secure an appoint- 
ment to the classified service and can only be appointed in accord- 
ance with the rules pertaining to and growing out of such examina- 
tions, except persons appointed to the following positions especially 
exempted from classification: 

In THE Entire Classified Service.— Two private secretaries or confidential 
clerks to the head of each of the Executive Departments and one to each 
assistant head. 

One private secretary or confidential clerk to each of the heads of 
bureaus appointed by the President and confirmed by the Senate in the 
Executive Departments, if authorized by law^. 

All persons appointed by the President without confirmation by the 
Senate. 

Attorneys, assistant attorneys, and special assistant attorneys. 

Chinese and Japanese interpreters. 

Any person receiving not more than $300 per annum compensation for 
his personal salary, who may lawfully perform his official duties in con- 



824 THE AMERICAN GOVERNMENT. 

nection with his private business, such duties requiring only a portion of 
his time. 

Any person employed in a foreign country under the State Department, 
or temporarily employed in a confidential capacity in a foreign country 
under any department or office, except persons employed in a foreign 
country contiguous to the United States in the service of the Bureau of 
Immigration, Department of Commerce and Labor. 

Any position the duties of which are of a quasi military or quasi naval 
character, and for the performance of which duties a person is enlisted 
for a term of years; also positions in the Revenue-Cutter Service, where 
the persons enlist for the season of navigation only. 

Treasury Department. — Not exceeding one solicitor to the collector at 
the port of New York, if authorized by the Secretary of the Treasury. 

One confidential clerk, if authorized by the Secretary of the Treasury, 
to each of the following officers: 

The collector of each customs district v/here the receipts for the last 
preceding fiscal year amounted to as much as $500,000. 

The appraisers at the ports of Boston, New York, and Philadelphia. 

One private secretary in the office of the naval officer of customs at the 
port of New York. 

One counsel before the Board of United States General Appraisers. 

In the New York customs district: One paymaster; stitch counters. 

Storekeepers and gaugers whose compensation does not exceed $3 per 
day when actually employed and whose aggregate compensation shall not 
exceed $500 per annum. 

One chief clerk in each mine or assay office, who is authorized by law 
to act for the superintendent or assayer in charge during his absence or 
disability. 

One private secretary or confidential clerk to the superintendent, one 
cashier, one deposit weigh clerk, one assistant coiner, and one assistant 
melter and refiner in each mint or assay office. 

Any local physician employed for temporary duty as acting assistant sur- 
geon in the Public Health and Marine-Hospital Service. 

Any person employed in the Public Health and Marine-Hospital Service 
as quarantine attendant at the Gulf, South Atlantic, Mullet Key, Reedy 
Island, Cape Charles, Columbia, River, or San Francisco quarantine; and 
any person employed as quarantine attendant, or acting assistant surgeon, 
or sanitary inspector, on quarantine vessels, or in camps or stations es- 
tablished for quarantine purposes during epidemics of contagious diseases, 
for temporary duty in the United States or elsewhere in preventing the 
introduction or spread of contagious or infectious diseases. 

In the Alaska customs service all persons appointed or employed for the 
season of navigation only. 



THE AMERICAN GOVERNMENT. 825 

One examiner of tobacco and one examiner of tea in the customs ser- 
vice at the port of Chicago. 

Mounted inspectors in the customs service on the Mexicai: Lnjrder. 

War Department. — All paymasters' clerks actually on daty with paymas- 
ters. 

All cable engineers. 

All telegraph operators, telegraph linemen, and cable seamen, receiving 
a monthly compensation of $60 or less, serving on military telegraph sys- 
tems or at military stations, and who perform their duties in connection 
with their private business or with other employment, such duties requir- 
ing only a portion of their time. 

All persons in the army transport service. 

All commissioners for the national military parks. 

All firemen employed on torpedo planters. 

One law officer in the Bureau of Insular Affairs. 

One superintendent, one chief chemist and assistant superintendent, and 
one first assistant chemist, for service in connection with the operation of 
the Washington Filtration Plant, under the Engineer Department. 

Department of Justice. — Wardens, chaplains, and physicians in the United 
States penitentiaries or prisons. 

One clerk to each United States district attorney. 

Examiners. 

Any person employed as office or field deputy in the office of a United 
States marshal. 

All positions and employments deemed by the Attorney-General to be 
legal or confidential in their character, and which relate to temporary ser- 
vice or which grow out of appropriation acts committing to the Attorney- 
General the execution of some purpose of the law and the expenditure 
of the funds therefor, but not creating specific positions. 

Post-Office Department. — The Assistant Attorney-General for the Post- 
Office Department. 

One private secretary or confidential clerk to the Assistant Attorney-Gen- 
eral, and one to the Purchasing Agent of the Post-Office Department. 

One private secretary or confidential clerk to the postmaster, if author- 
ized by the Postmaster-General, at each post-office where the^ receipts of 
the last preceding fiscal year amounted to as much as $350,000. 

All employees on star routes and in post-ofiices having no free delivery- 
service. 

One assistant postmaster or the chief assistant to the postmaster, of what- 
ever designation, at each post-office. 

One auditor at the post-office in New York City. 

Department of the Interior. — The superintendent of the Hot Springs 
Reservation. 

Inspectors of coal mines in the Territories. 



826 THE AMERICAN GOVERNMENT. 

Temporary clerks employed in the United States local land offices to reduce 
testimony to writing in contest cases, not paid from Government funds. 

Indians employed in the Indian Service at large, except those employed as 
superintendents, teachers, manual training teachers, kindergartners, physicians, 
matrons, clerks, seamstresses, farmers, and industrial teachers. 

Special commissioners to negotiate with Indians, as the necessity for their 
employment may arise. 

One financial clerk at each Indian agency to act as agent during the absence 
or disabihty of the agent. 

Physicians employed in the Indian service and receiving not jnore than $720 
per anmim salary, who may lawfully perform their official duties in connec- 
tion with private practice. 

All physicians employed as pension examining surgeons, whether organized 
in boards or working individually under the direction of the Commissioner of 
Pensions. 

Five special pension examiners to investigate fraudulent and other pension 
claims of a criminal nature. 

Five special agents of the General Land Office to investigate fraudulent 
entries and other matters of a criminal nature. 

Consulting engineers of the Reclamation Service under the Geological 
Survey. 

One confidential clerk and one record clerk to the Superintendent of the 
Government Hospital for the Insane. 

One private secretary to the Director of the Geological Survey. 

Department of Agriculture. — Agents, experts and student assistants for 
temporary duty employed in making investigations and furnishing information 
for the Department. 

One statistical agent in each State and Territory where authorized by law. 

Guards, guides, cooks, packers, teamsters, choppers and skilled laborers 
employed temporarily during the season of danger from fires, or when other 
special work requires additions to the regular forest reserve force. 

Isthmian Canal Commission. — All officers and employees in the service of 
the Isthmian Canal Commission upon the Isthmus of Panama, except those 
who are to perform the duties of clerk, bookkeeper, stenographer, typewriter, 
surgeon, physician, trained nurse, or draughtsman. 

No person appointed to the service on the Isthmus of Panama otherwise 
than through competitive examination or by transfer or promotion from a 
competitive position can be transferred to a competitive position. 

Department of Commerce and Labor. — All persons temporarily connected 
with the field operations of the Bureau of Fisheries who are paid from lump 
appropriations for miscellaneous expense. 

The law granting preference in original appointment to civil offices under 
the United States Government because of military or naval service was 
passed on March 3, 1865, in the form of a joint resolution of Congress; and 



THE AMERICAN GOVERNMENT. 827 

the civil-service act, which was approved, provided, in eflfect, that nothing 
contained therein should be construed to take from those honorbaly dis- 
charged from the military or naval service any preference conferred. 

To entitle the veteran to preference the law requires : 

That he must have been disabled, either by wounds or sickness, while serv- 
ing in the Army or Navy. 

That the disability must have been incurred in the line of duty. 

That he must have been subsequently honorably discharged from the mili- 
tary or naval service by reason of the disability so incurred. 

The following advantages are given by the civil-service rules to a person 
who has been allowed preference : 

1. He is released from all age limitations. 

2. He has to attain an average percentage of only 65 to be eligible, while 
for others the average percentage required is 70. 

3. If he attains an average rating of 65 or more his name is placed at the 
head of the register and is certified before those eligibles who have no claim 
to preference. 

4. He is released from the law and rules relating to the apportionment of 
appointments. 

In examinations for promotion or transfer a preference claimant already in 
the classified civil service receives no advantages by reason of his military or 
naval service, the preference being confined by the law to original appoint- 
ment. 

If the person whose claim to preference has been allowed is an applicant for 
the position of unskilled laborer, he is required to attain a physical rating of 
only 70 per cent, and his name is placed on the register above all others not 
entitled to preference. Other applicants for this position must receive a 
physical rating of 85 per cent, in order to become eligible. 

SPANISH TREATY CLAIMS COMMISSION. 

The Spanish Treaty Claims Commission is an example of the sort 
of temporary commission, having semi-judicial powers which has 
been established from time to time in the history of the United States 
for the purpose of carrying out particular functions. A preceding 
commission of the kind was the Court of Private Land Claims, 
while the Commission to the Five Civilized Tribes was a similar 
body in many respects. By the Treaty of Peace with Spain, the 
United States agreed to assume the responsibility of all claims on 
the part of citizens of the United States against Spain growing out 
of the Spanish-American war and the operations in Cuba, and Spain, 
in turn, agreed to satisfy the claims of Spanish subjects who might 
regard themselves as damaged by the acts of the United States in 



828 THE AMERICAN GOVERNMENT. 

connection with that war. The machinery for determining and ad- 
judicating the claims of citizens of the United States was not 
estabHshed until 1901, when a commission of five persons was pro- 
vided for, to be appointed by the President by and with the advice 
and consent of the Senate to receive, examine and adjudicate all 
claims of citizens of the United States against Spain which the 
United States had agreed to assume. The persons appointed on the 
commission were required to be citizens of the United States and to- 
be learned in the law. One person was to be appointed by the Presi- 
dent to act as the president of the commission and the salaries were 
fixed at five thousand dollars a year each. The City of Washingtort 
was made the official meeting place of the commission, and it was 
empowered to make all needful rules for the conduct of the business. 
The appointment of a clerk and of the necessary clerical assistance- 
is provided for by law, and it is further provided that the civil ser- 
vice rules need not apply to appointments under the commission. 
For the representation of the United States before the commission,, 
an Assistant Attorney General is provided at an annual salary of five 
thousand dollars, and there have from time to time been appropria- 
tions made for assistant attorneys and for taking testimony, a large 
part of the latter work having been carried on in Cuba. In the con- 
duct of the cases, six months was provided in which all claims were 
to be filed, and after which no new claims could be filed except by 
permission of the commission. The petitions are certified to the 
Assistant Attorney General representing the United States, who 
prepares the evidence and case against the claimant. The award of 
the Commissioners is final in each case, unless the Commissioners 
themselves reopen the matter and no appeal is provided for, except 
that the Commissioners may certify matters of law in regard to 
which they are in doubt to the Supreme Court, and the latter is given 
jurisdiction to hear the same. Awards finally made by the commis- 
sion are to be filed with the Secretary of State and payments on the 
awards are to be made by the Secretary of the Treasury after appro- 
priation by Congress. The original act provided that the commission 
was to complete its work in two years after the date of the Act, but 
the President has power to continue its work by extensions of six 
months each, and the extensions have gone on from time to time 



THE AMERICAN GOVERNMENT. 829 

until the present writing. A large part of the claims presented to the 
commission were based on the acts of the Spanish government before 
the actual declaration of war and while the condition of insurrection 
continued in Cuba. In an early opinion, the commission held that 
these claims were not included among those which were referred to 
the commission for adjudication, and the result has been to eliminate 
a very large proportion of the total business which awaited the com- 
mission at its inception. The commission has declined to reopen this 
class of cases, or to refer the matter to the Supreme Court on the 
law involved, and there is being a strong pressure brought to bear 
to discharge the commission from further work and to throw the 
balance of the claims into the Court of Claims for adjudication. The 
act establishing the commission was carefully framed and every 
possible safeguard was placed around its jurisdiction and its opera- 
tions with the idea of preventing the inclusion of extraneous claims. 
Such a class of claims has appeared in connection with every adjudi- 
cation of the kind and was not prevented in the present case, and it is 
probable that legislation with relation to Spanish war claims will be 
asked of Congress annually for many years to come. 

THE PHILIPPINE COMMISSION. 

The Philippine Commission may be described as an example of the 
purely investigative committee of persons appointed from outside the 
government service grown into an executive body. It will be re- 
membered that during the period of the military administration of 
the Philippines, there was a considerable controversy whether there 
had been faith kept with certain of the inhabitants of the islands, 
who were in insurrection against Spain, and who later came into a 
hostile attitude against the United States, because of the alleged fail- 
ure of this country to keep certain promises. Without the specific 
authorization of the Congress and as an administrative measure, the 
President appointed a commission of persons to go to the Philip- 
pines, investigate the conflicting claims as to the status of any form 
of government that the native inhabitants had proposed, and in gen- 
eral to report upon a suitable form of administration for the islands. 
As the result of the report made, a form of government by commis- 
sion was established, which was later ratified by the Congress and 



830 THE AMERICAN GOVERNMENT. 

made the basis of the present government. The Philippine Commis- 
sion consists of eight members, one of whom is the Governor Gen- 
eral, and other heads of Departments of the Interior, of Commerce 
and Police, of Finance and Justice and of Public Instruction re- 
spectively. The salaries of the Commissioners are paid from the 
Philippine revenues in the silver money of the islands and represent 
about one-half of the amount in money of the United States. The 
Governor General receives $30,000 Philippine and $10,000 in ad- 
dition as Commissioner. The other Commissioners receive ten 
thousand each, and those acting as heads of executive departments in 
the islands receive 21,000 Philippine money in addition. 

All of the foregoing appointments are made by the President, by 
and with the advice and consent of the Senate, and the President 
has power to make further regulations for the government of such 
portions of the Philippine Islands as may be included within a zone 
of armed resistance to the United States. 

In the peaceful portion of the Philippine Islands, the governmental 
affairs are entrusted to the Philippine Commission and all inhabitants 
of the islands, except such as chose to retain their allegiance to the 
King of Spain, are denoted as Philippine citizens, but their govern- 
ment is specifically excepted from the operation of the constitution 
and laws of the United States. It is a usual provision with regard 
to territorial government that the constitution and laws of this coun- 
try are made applicable, with the exceptions made necessary by local 
conditions. This extension of the constitution and laws is, however, 
withheld from the Philippine Islands, but in lieu thereof provision 
is made in the act for the government of the Philippines, for the 
personal rights and safeguards which are guaranteed to citizens of 
the United States, and which as they afford a summary, in a concise 
form, of the chief constitutional safeguards of the Amreican form of 
government, are appended hereto. The Congress provides that — 

No law shall be enacted in said islands which shall deprive any person of 
life, liberty, or property without due process of law, or deny to any person 
therein the equal protection of the laws. 

In all criminal prosecutions the accused shall enjoy the right to be heard by 
himself and counsel, to demand the nature and cause of the accusation 
against him, to have a speedy and public trial, to meet the witnesses face to 



THE AMERICAN GOVERNMENT. 831 

face, and to have compulsory process to compel the attendance of witnesses 
in his behalf. 

No person shall be held to answer for a criminal offense without due 
process of law ; and no person for the same offense shall be twice put in 
jeopardy of punishment, nor shall be compelled in any criminal case to be a 
witness against himself. 

All persons shall before conviction be bailable by sufficient sureties, except 
for capital offenses. 

No law impairing the obligation of contracts shall be enacted. 

No person shall be imprisoned for debt. 

The privilege of the writ of habeas corpus shall not be suspended, unless 
when in cases of rebellion, insurrection, or invasion the public safety may 
require it, in either of which events the same may be suspended by the Presi- 
dent, or by the governor-general, with the approval of the Philippine Com- 
mission, wherever during such period the necessity for such suspension shall 
exist. 

No ex post facto law or bill of attainder shall be enacted. 

No law granting a title of nobility shall be enacted, and no person holding 
any office of profit or trust in said islands, shall, without the consent of the 
Congress of the United States, accept any present, emolument, office, or title 
of any kind whatever from any king, queen, prince, or foreign State. 

Excessive bail shall not be required, nor excessive fines imposed, nor cruel 
and unusual punishment inflicted. 

The right to be secure against unreasonable searches and seizures shall not 
be violated. 

Neither slavery, nor involuntary servitude, except as a punishment for crime 
whereof the party shall have been duly convicted, shall exist in said islands. 

No law shall be passed abridging the freedom of speech or of the press, or 
the right of the people peaceably to assemble and petition the Government for 
redress of grievances. 

No law shall be made respecting an establishment of religion or prohibiting 
the free exercise thereof, and the free exercise and enjoyment of religious 
profession and worship, without discrimination or preference, shall forever 
be allowed. 

No money shall be paid out of the treasury except in pursuance of an ap- 
propriation by law. 

The rule of taxation in said islands shall be uniform. 

No private or local bill which may be enacted into law shall embrace more 
than one subject, and that subject shall be expressed in the title of the bill. 

No warrant shall issue but upon probable cause, supported by oath or 
affirmation, and particularly describing the place to be searched and the per- 
son or things to be seized. 

All money collected on any tax levied or assessed for a special purpose 
shall be treated as a special fund in the treasury and paid out for such pur- 
pose only. 



832 THE AMERICAN GOVERNMENT. 

In addition to the foregoing, the Congress granted that all legis- 
lative power which was formerly conferred on the Philippine Com- 
mission, so far as it applied to the portions of the Philippine Islands 
not inhabited by Moros or other non-Christian tribes, shall be vested 
in a legislature consisting of two houses, the Philippine Com- 
mission constituting the upper branch of the legislature and a 
Philippine Assembly, of not less than fifty nor more than one hundred 
members, to constitute the lower branch. The membership of the 
Assembly is to be apportioned by the Commission among the prov- 
inces as nearly as practicable, according to population, but no prov- 
ince can have less than one member. Persons to be elected to the 
Lower House must be twenty-five years of age, qualified electors of 
the election districts from which they are chosen, and must owe alle- 
giance to the United States. The legislative powers of the two 
houses resemble those of territorial legislatures, but the Philippine 
legislature holds annual instead of biennial sessions. The members 
of the legislature are, however, elected for two years. The annual 
session of the Philippine legislature is not to exceed ninety days. 
At the same time that members of the lower house of the legislature 
are elected, two resident commissioners to the United States are 
chosen, who are entitled to recognition by the executive departments 
in Washington, and receive $5,000 annually, with $2,000 per year 
to cover expenses. The judicial system of the Islands consists of a 
Supreme Court, the members of which are appointed by the Presi- 
dent, and receive a compensation of ten thousand dollars a year for 
each Associate Justice, and $10,500 for the Chief Justice of the 
Supreme Court, together with courts of the first instance, the judges 
of which are appointed by the Governor-General, by, and with the 
consent of the Philippine Commission. Municipal courts are also 
provided for, to be continued as was the practice under the former 
government of the islands, by the Presidential Commission. The 
government of the islands is given power to change practice and 
methods of procedure in the inferior courts, but no change can be 
made in the methods of admiralty practice, without the consent of 
Congress. 

It became necessary, owing to the radical difference between the 
Spanish and the American procedure with reference to the land and 



THE AMERICAN GOVERNMENT. 833 

mining claims, to establish a body of law in the Philippine Islands 
covering these points, and Congress has made specific provisions 
adjusting the land and mining laws of the United States to the con- 
ditions in the Philippines. With the exception of these provisions of 
law, and with certain specific empowerments made by Congress, 
authorizing the Commission to perform certain governmental func- 
tions, the government of the Philippine Islands, is as prescribed by 
the procedure hitherto laid down by the Commission, although such 
procedure is now subject to change by virtue of the exercise of the 
legislative power, which has been vested in the Philippine Legisla- 
ture. Substantially, however, up to the present time, the government 
of the Philippines has been almost entirely by commission, and, un- 
der the direction of the Commissioners, a large number of citizens 
of the United States have been engaged in establishing in the Phil- 
ippine Islands, and under entirely foreign and sometimes hostile con- 
ditions, the institutions and civilization of the North American re- 
public. Especial efforts were made from the first for the introduction 
of a school system, and while local governments have, so far as 
possible, been left under the nominal control of natives of the Phil- 
ippine Islands, the fact of the dominance of the American idea has 
in no case been allowed to be ignored, so that the government of 
the Philippines under the Commission has been, so to speak, a stren- 
uous paternalism designed to put the Filipinos in the right road and 
to keep them there and moving onward notwithstanding their natural 
inclination to linger by the way. 

The Philippine Civil Service, the personnel of which has been made 
up as a result of examinations held both in the United States and the 
Philippines on lines laid down by the Civil Service Commission is 
composed of both Americans and Filipinos. The activities include 
functions of general and local governments carried out in accordance 
with "United States" ideas, undoubtedly influenced by local condi- 
tions, and the result of the somewhat pedagogical institution of 
"Yankee" ideas on and in co-operation with an Oriental people can- 
not be treated as a summarization otherwise than from a personal 
acquaintance with the resulting conditions. 



834 THE AMERICAN GOVERNMENT. 

THE ISTHMIAN CANAL COMMISSION. 

The historian who shall attempt to differentiate the various com- 
missions which have held the title of the Isthmian Canal Commission 
will find his task scarcely less arduous than that of differentiating 
the various branches of the Presbyterian Church in Scotland. Under 
the original wide powers given to the President to secure the digging 
of a canal between the Atlantic and Pacific Oceans, a considerable 
number of persons have, at one time or another been connected with 
the Isthmian Canal Commission. The functions with relation to the 
portion of the Isthmus of Panama under the jurisdiction of the 
United States, consists of the government in all respects of the canal 
zone or strip of land which was ceded to this country, and of the 
direction of the operation of building the canal themselves. It is 
provided by law that all of the former functions may be performed 
by such person or persons as the President may direct, while to ena- 
ble the president to construct the canal, an Isthmian Canal Commis- 
sion is created to be composed of seven members, to be nominated 
and appointed by the President, by and with the advice and consent 
of the Senate, and who shall serve until the completion of the canal, 
unless sooner removed by the President. Four of the Commissioners 
must be persons learned and skilled in the science of engineering, 
one of them an officer of the United States Army, and 
another an officer of the United States Navy. The first scheme of 
administration of Panama Canal affairs, contemplated the considera- 
tion of matters involved by the majority vote of a Commission, that 
is to say, by a consensus of opinion after the usual commission meth- 
od of procedure. The first Commission, with its elaborate organiza- 
tion under the chairmanship of a distinguished naval officer, was 
found to be too cumbersome and was superseded by another scheme, 
which gave greater powers of initiative to the engineer in charge. 
This was followed by the theory of a single headed executive, al- 
though the form of the Commission was still maintained. Finally, 
upon the resignation of the person who had been selected to per- 
form the chief executive function with relation to the Canal work, 
members of the Corps of Engineers of the Army were intrusted with 
the actual work of building the Canal, and with all matters immedi- 



THE AMERICAN GOVERNMENT. 835 

ately relating thereto, while the government of the Canal Zone was 
given to a former Senator and the sanitation of the territory retained 
in the hands of the Sanitary Commissioner, who had served through 
the various changes in the character of the Commission and had done 
good work under the various theories of administration which had 
been tried. The President has been authorized under the terms of 
the Isthmian Canal Act to utilize such officers of the Army as he 
might desire for the work of building the Canal, and after the failure 
of the attempt to place the whole work upon the basis of a contract 
system, the doubt as to whether the government could establish an 
organization which would successfully cope with the problems of 
construction involved, called attention to the obvious lessons of the 
work which has been done by the Corps of Engineers of the Army 
on river and harbor improvements, and the fact that its organization 
was ready at hand and available. 

The Commission, as at present organized, consists of a Lieutenant- 
Colonel of the Corps of Engineers of the Army, who is Chairman 
and Chief Engineer of the Commission, and who receives a salary of 
$15,000 a year less his pay as an officer of the Army; two Majors of 
the Corps of Engineers, a Civil Engineer of the Navy, a medical 
officer of the Army, and two civilian commissioners, each of whom 
receive $14,000 a year. The Chief Engineer has general supervision 
over all matters relating to the canal work, but is especially at the 
head of the department of construction and engineering, having 
under his direction the three other engineer members of the Com- 
mission. The other Army engineers are at the head of the depart- 
ments of excavation and dredging, and of lock and dam construction 
respectively, while the Civil Engineer of the Navy has charge of the 
department of municipal engineering, as well as of all matters re- 
lating to motive power, machinery and building construction. One 
of the civilian members of the Commission, as Governor of the Canal 
Zone, has charge of the department of civil administration, and the 
other civilian member has charge of matters relating to labor, quar- 
ters and subsistence. 

The Secretary of the Commission at $10,000 a year has charge of 
recording the various steps in the canal construction, and a general 
counsel and a general purchasing officer are located at Washington. 



836 THE AMERICAN GOVERNMENT. 

An examiner of accounts and disbursing ofificer are also under the 
direction of the Chief Engineer, who also has general supervision 
over the department of sanitation, of which the medical officer of the 
Army, who is a member of the Commission, is the active head. It 
is intended that, so far as possible, all matters relating to the admin- 
istration of the work of the Commission shall be carried on on the 
Isthmus, and the officers in Washington are only charged with busi- 
ness which cannot be transacted in the Canal Zone. 

THE MISSISSIPPI RIVER COMMISSION. 

It does not require unusual gift of prophesy to foresee that the 
problems which will confront the United States in the future, will be 
largely relative to matters of transportation. Since the considerable 
development of the railroads, internal water communication in the 
United States has grown to a degree into disuse, so that the increas- 
ing demand for transportation finds practically the single means of 
rail communication available to it in the interior portions of the 
United States. It is inevitable that, for the transportation of bulky 
articles, where the element of time is not a factor, communication by 
means of the lakes and rivers of the United States, must serve the 
purpose of relief of the railroad facilities, already overtaxed. As 
the great water routes are so largely interstate, improvements for 
the purposes of internal commerce must necessarily be undertaken by 
the Federal Government. It is apparent that these undertakings will 
be carried on through the medium of commissions, one of which is 
already in effect, namely, the Mississippi River Commission. This is 
composed of seven members, three of whom are selected from the 
Engineer Corps of the Army, one from the Coast and Geodetic Sur- 
vey, and three from civil life ; two of the latter being civil engineers. 
Vacancies are filled by the President, by and with the advice and 
consent of the Senate, and the President is empowered to designate 
one of the members appointed from the Engineer Corps of Army to 
be President of the Commission. The Commissioners appointed 
from the Engineer Corps and from the Coast and Geodetic Survey, 
receive no pay in addition to that of their chief positions, but the 
other three commissioners receive $3,000 each. The members of the 
Commission serve indefinitely, subject only to removal by the Presi- 



THE AMERICAN GOVERNMENT. 837 

dent. The Commission is given jurisdiction over the waters of the 
Mississippi River, from the head of its passes to its head waters. 
The passes consist of the outlets of the river through the delta below 
the city of New Orleans, and are subject to independent treatment 
to secure the depth of water requisite to commerce, such treatment 
being in accordance with the plan of individual engineers who from 
time to time proposed measures, planned for the deepening of the 
water in the channel, the chief instance of such work being the Eads 
system of jetties, which has produced the present main ship channel 
from New Orleans to the sea. The character of the Mississippi 
River above the passes is continually changing, and it is the func- 
tion of the Mississippi River Commission to study the various aspects 
of the river with a view of developing plans for improvements which 
shall maintain as far as possible a uniform system of channels for 
the navigation of the river, and protect the banks from erosion. It 
is the object of the studies of the Commission also to devise plans 
for deepening the channel to the greatest practicable extent, in order 
that the size and draft of boats may be increased to keep pace with 
the increase of commerce, and also for the extension of the limits of 
navigation, and to decrease low water periods, as far as possible, as 
well as to provide against the destructive effect of floods. 

The employees and facilities of the Engineer Corps of the Army 
and of the Coast and Geodetic Survey, are placed at the disposal of 
the Mississippi River Commission, and it is also empowered to em- 
ploy such persons and materials as may be necessary to carry on 
its work. The latter includes surveys of the river, and measurements 
of the amount of water at different points, together with the deter- 
mination of other characteristics of the river and its tributaries, 
within such distance as may affect the condition of navigation, and 
the Commission is required to report to Congress such measures as 
in its opinion will be for the improvement of the river and facilita- 
tion of navigation. The Commission, also has had charge and over- 
sight of various projects which have been put into effect for the 
improvement of the river, and constitutes a continuing investigating 
body, upon the result of whose work the current definite agitation in 
favor of extensive improvement in the depth of the channel is based. 
A similar Commission to that which has charge of the determination 



838 THE AMERICAN GOVERNMENT. 

of the practicability of the improvements on the Mississippi River 
was formerly in existence for the consideration of the conditions at- 
taching to the Missouri, but it was found that the latter stream did 
not promise to be susceptible of development and improvement and 
the Missouri River Commission has gone out of existence. 

THE CALIFORNIA DEBRIS COMMISSION. 

A Commission consisting of three officers of the Engineer Corps 
of the Army is appointed by the President, by and with the advice 
and consent of the Senate, to consider problems relative to the ob- 
struction of the Sacramento and San Joaquin Rivers in California, 
by the material washed down from the surrounding country by the 
process of hydraulic mining. In the latter industry streams of water 
are brought down from the mountains, and directed with great 
force against the gravel banks of the tributaries of these rivers, so 
that large amounts of earth are washed into the stream, obstructing 
navigation and causing serious injury to riparian rights. Under the 
terms of the act establishing the Commission, hydraulic mining is 
prohibited, and can only be carried on upon permit from the Com- 
mission, which is required to examine the conditions under which 
the permit is asked and to grant such permit only if the result of 
the mining will not be injurious to the interests before indicated. 
As an alternative to the prohibition, when such a permit cannot be 
granted, persons desiring to engage in hydraulic mining may con- 
struct dams and other works, which will impound the material 
washed down from the banks and allow it to settle, the water free 
from solid matter being allowed to drain off into the river. Several 
persons may combine in constructing such impounding works, or 
the Commission itself may construct such work where it seems the 
construction to be advisable, and a tax of three per cent, upon the 
gross proceeds of the mines taking advantage of the Commission- 
constructed impounding works is levied, the sum raised being covered 
into a special debris fund which is made available for constructing 
works intended to remove the obstructions to river navigation caused 
by hydraulic mining. 



THE AMERICAN GOVERNMENT. 839 



CHAPTER XVIII. 

GOVERNMENT CLERKS — MISCELLANEOUS OFFICIALS AND BOARDS. 

If one could analyze the popular impression as to the meaning of 
the term "Government Clerk," it would probably be found to refer 
to a member of a specially favored class, resident at the seat of 
Government, who receive rather liberal salaries for the performance 
of a not excessive amount of work. Few people realize that there 
is no essential difference between the clerical force of the Govern- 
ment and that of any large business institution in which the details 
have been subdivided and specialized. As a matter of fact, the 
Government clerks, respectively, perform duties corresponding to 
the clerks employed in the correspondence, auditing and accounting 
divisions of a large corporation and there is substantially but little 
difference in the amount of work necessary to keep the business of the 
Government from falling into arrears from that which is required in 
the offices of business corporations. It is probably true that under 
former conditions of the very much less volume of Government busi- 
ness, and when appointments and retentions depended upon 
political favor, certain men in certain offices led compara- 
tively lazy lives, but if this condition is true anywhere 
in the Government service at the present time it is in 
the offices remote from Washington and which do not feel the 
pressure of work caused by the increasing volume of departmental 
business. The total number of names in the official register, in- 
cluding employees of the federal government of all grades, is over 
306,000. This, however, includes the Post Office personnel outside 
of Washington, and if this number is excluded there remain nearly 
126,000 persons throughout the United States on the payrolls of the 
federal government, of whom approximately 120,000 may be classed 
as government clerks in the broadest sense of the term. About 29,- 
000 of these, including the employees of the District government, 
are located in the District of Columbia, although excluding the 
employees of the District and appointive officials by the President, 



840 THE AMERICAN GOVERNMENT. 

the total number of those strictly understood as Government Clerks 
by the country at large constitute a force of approximately 25,000 
persons. The following table shows the distribution of these em- 
ployees among the different departments, together with an analysis 
of the comparative salaries paid. 

Number of Amount 
employees. disbursed. 

Total 28,947 $31,541,225 

Executive Office 43 68,740 

Department of State 164 235,000 

Treasury Department 6,996 7,295,345 

War Department 2,152 2,436,931 

Department of Justice 454 778,098 

Post Office Department i,452 1,657,903 

Navy Department 684 800,529 

Department of Interior 4,769 5,304,590 

Department of Agriculture 2,356 2,690,958 

Department of Commerce and Labor... 1,572 2,005,020 

Interstate Commerce Commission 280 418,030 

Civil Service Commission 180 229,010 

Government Printing Company 3,599 3,679,406 

Smithsonian Institution 308 308,804 

Isthmian Canal Commission 103 150,940 

State, War, and Navy building 197 110,160 

Government of the District of Columbia 3,638 3,37i,76i 

Grade. Number. Per cent. 

Total 25,309 loo.o 

Officials, clerks, etc., receiving $2,000 and 

over 1,71 1 6.8 

Clerks receiving — 

$1,400 to $2,000 3,520 13.9 

$i,coo to $1,400 4,295 17.0 

Under $1,000 1,928 7.6 

Professional, technical, and scientific: 

$1,400 to $2,000 714 2.8 

Under $1,400 784 3.1 

All other 12,357 48.8 

The growth of the Civil Service is indicated by the fact that in 
1816 there were only 6,327 names on the official register of the 
United States, compared with the 306,141 which appear in the latest 
issue of that publication. 



THE AMERICAN GOVERNMENT. 841 

Entrance to the service of the United States is only possible, 
that is for all practical purposes, through examinations under the 
auspices of the Civil Service Commission. With the exception of 
the places under the Congress, there are few branches of the public 
service for which it is not essential, as a first requisite, to take some 
form of an examination. The following information, summarized 
from the Civil Service Manual, gives the material points of informa- 
tion with regard to procuring permission to take an examination, 
and with regard to the examinations themselves. 

Examinations are now held in every State and Territory except Alaska. 
From most examinations appointments may be made not only to a particu- 
lar class of positions, but to any position where the qualifications tested are 
required. Examinations as a rule are not held for a particular department, 
but for positions in the general departmental service. 

Appointments are made through examination and certification by the Com- 
mission to all positions in the executive branch of the Federal service, both 
at Washington, D. C, and in the country at large, except those filled by 
Presidential appointment, those of mere unskilled laborer, certain positions 
of an executive, confidential, or fiduciary character, such as assistant post- 
master, private secretary, etc., and certain minor positions. 

Appointments to Federal positions in Porto Rico, Hawaii, and the Isthmus 
of Panama are made on the same basis as those in the States and other 
Territories. 

With the exception of a very few Federal positions in the Philippines, 
appointment to Government positions in those islands is made in accordance 
with the Philippine civil-service act; but this Commission holds such ex- 
aminations as the Phihppine civil-service board may request. 

No request will be granted to take an examination at any place or on any 
date for which it is not scheduled. An applicant may take only one kind of 
examination at one time or place. An applicant is not required to be ex- 
amined at his place of residence. He may be examined at any of the places 
at which the examination desired by him is scheduled to be held. 

All examinations begin at 9 a. m., local time. For location of the exam- 
ination room, if outside of Washington, D. C, apply to the secretary of the 
board of examiners or to the postmaster in the city or town where the ex- 
amination is held not later than 8:30 a. m. on the date of the examination. 
Examinations at Washington, D. C, are held at the Census Office, corner of 
First and B streets northwest. 

Persons who wish to take any of the examinations described in this Man- 
ual should write direct to the United States Civil Service Commission, 
Washington, D. C, for blanks and other information. Requests made 
through third parties cause delay and entail unnecessary correspondence. 



842 THE AMERICAN GOVERNMENT. 

Any available information may be secured by writing to the Commission, 
and attempts of applicants to secure unusual consideration or special action 
through the aid of prominent or presumably influential persons are useless 
and are discountenanced by the Commission, which under the civil service 
law and rules must treat all applicants with absolute impartiality. 

In writing for application blanks or other information the name of the 
examination desired should be stated. The application form when received 
shoud be carefully filled out in accordance with the instructions printed 
thereon and mailed without delay to the United States Civil Service Commis- 
sion, Washington, D. C. If the application is received by the Commission 
in sufficient time to arrange for the examination, and the applicant is found 
to be entitled to the examination requested, a card will be sent to him ad- 
mitting him to the examination. The time of filing appHcation sometimes 
determines the order of certification of eligibles, as when two eligible i<ave 
the same average the one whose application is filed in complete forti. first 
is certified before the other. 

The Commission will close the receipt of applications when, in its judg- 
ment, a sufficient number has been received for any examination. 

The following defects will debar persons from any examination: Insanity; 
tuberculosis; paralysis; epilepsy; blindness; total deafness; loss of speech; 
loss of both arms or both legs; loss of arm and leg; badly crippled or de- 
formed hands, arms, feet, or legs ; heart disease ; locomotor ataxia ; cancer ; 
Bright's disease; diabetes. 

Other physical defects may debar from certain examinations when in the 
judgment of the Commission such defects would render the person unfit to 
perform the duties of the position for which the examination is held. 

No person is eligible to an examination — 

Who is not a citizen of or does not owe allegiance to the United States. 

Who is not on the date of examination within the age limitations prescribed 
for the examination for which he applies. 

Who is physically disqualified for the service which he seeks. (See sec. 4.) 

Who is addicted to the habitual use of intoxicating beverages to excess. 

Who has within approximately one year passed in an examination for the 
same position of for any position covered by the same examination for which 
it is desired to again apply. 

Who is enlisted in the United States Army or Navy, and has not secured 
permission for his examination from the Secretary of War or the Secretary 
of the Navy, respectively. 

Who has been dismissed from the public service for delinquency or mis- 
conduct within one year preceding the date of his application. 

Who has failed after probation to receive absolute appointment to the 
position for which he again applies within one year from the date of the 
expiration of his probationary service. 

Who has made a false statement in his application, or has been guilty of 
fraud or deceit in any manner connected with his application or examina- 



THE AMERICAN GOVERNMENT. 843 

tion, or has been guilty of crime or infamous or notoriously disgraceful 
conduct. 

Soldiers or sailors discharged for desertion. 

A person holding a position in the classified service will not be permitted 
to compete in an examination of the same kind as that given for the position 
occupied or of the kind which resulted in appointment to the service until 
after three years from the date of appointment except that a person ap- 
pointed from the stenographer or the typewriter register may be examined 
for stenographer and typewriter without regard to this restriction. It is 
not necessary for a person to resign a Government position in order to take 
an examination for a position of a different kind from that occupied and of 
a kind different from that which resulted in appointment to the service. 

All applications must be in ink and in the English language. 

A person who passes in an examination will not be allowed reexamination 
for the same position, or for any position covered by the same examination, 
until approximately one year after the date of the former examination, 
whether or not the competitor has been three times certified. A person who 
fails to pass in an examination may, upon filing a new application in due 
time, enter the next examination when held. 

The civil-service act provides that whenever there are two or more mem- 
bers of a family in the public service in the grades covered by that act no 
other member of such family shall be eligible to appointment to any of the 
said grades. 

Permission to take an examination is refused when a State is largely in 
excess of its proportion of appointments or when any portion of an eligible 
list is overcrowded. 

Until requested to certify names for filing a vacancy the Commission has 
no information in regard to any vacancy which may exist in any branch 
of the service. Whenever an appointing officer desires to fill a vacancy by 
original appointment he makes requisition upon the Commission for a certi- 
fication of names, specifying the kind of position, the sex desired, and the 
salary. Upon receipt of such requisition the Commission takes from the 
proper register of eligibles the names of the three persons standing highest 
of the sex called for, who indicate in their examination papers that they are 
willing to accept the salary of the position to be filled, and certifies them to 
the appointing officer, who is required to make selection. The appointing 
officer may select any one of the three names. The two remaining names 
are returned to the register to await further certification. 

The time of examination is not considered in making certifications, as 
the highest in average percentage on the register must be certified first, al- 
though they may not have been the first examined. No eligible can be cer- 
tified for appointment more than three times to the same Department or 
office, but may be certified three times to each of the Executive Departments 
if reached for such certifications during the period of eligibility. 

The period of eligibility on all registers for original appointment is one 



844 THE AMERICAN GOVERNMENT. 

year from the date of entering the name on the register, which entry is 
made as soon as practicable after the rating of the papers. The date of en- 
try of a name on the register is usually but a few days subsequent to the 
date of the notice of eligibility. The period of eligibility may, however, be 
extended, in the discretion of the Commission, for all those on any register 
when the conditions of good administration render it inexpedient to hold a 
new examination. The extenson of the period of eligibility cannot be 
granted in individual cases, and is always extended to the entire list of eli- 
gibles on the particular register to which applied. 

Whenever a person whose name is upon more than one register is ap- 
pointed from one of such registers, his eligibility on all registers of the 
same or lower grade expires upon such appointment. He may, however, 
upon his written request at any time within the period for which eligibility 
would run of not cancelled by appointment, have his eligibility revived on one 
or more of such registers for the balance of such period of ehgibility. 

An eligible who declines appointment will be dropped from the eligible 
register and his name will not be restored unless it appears that circumstances 
beyond his control prevented acceptance of the appointment and unless as- 
surance is given that he will accept the next appointment offered for service 
in the locality and at the entrance salary which he has indicated his willing- 
ness to accept. 

The civil service law requires that, as nearly as the conditions of good 
administration will warrant, appointments to postions in the Departments 
at Washington shall be apportioned among the several States and Territories 
and the District of Columbia upon the basis of population as ascertained at 
the last preceding census. Under the census of 1900 the appointments are 
distributed among the States and Territories on the basis of one appoint- 
ment to every ten thousand inhabitants. 

This provision of law as to the apportionment of, appointments is con- 
fined to competitive positions in the Departments at Washington ; and of such 
positions section 2 of civil service Rule VH excepts the following from the 
requirement of apportionment : Plate printer, printer's assistant, skilled help- 
er, and operative in the Bureau of Engraving and Printing; positions in the 
field service of the military staff departments and at army headquarters, 
mail-bag and mail-lock repair shops. Government Printing Office, Pension 
Agency, and local offices in the District of Columbia; apprentice, student, 
gardener, enp"-aver, cabinetmaker, carpenter, electrician's helper, electric 
lineman, ele/ ,ric wireman, painter, plumber, and plumber's helper. Em- 
ployees in the Departments at Washington may not be exactly distributed 
among the States in proportion to population; the reason for this being that 
ipany of the appointments were made before the civil service law became 
operative, and appointments to unclassified positions, such as laborers, and 
to positions excepted by law or Executive order from competitive examina- 
tions are not apportioned among the States. 



THE AMERICAN GOVERNMENT. 



84s 



shows the apportionment cf appointments in the JDe- 
Washington, D. C, from July 16, 1883, to June 30, 



The following table 
partmental Service at 
1907: 

Appointments. 
State or Entitled. Through Through Through 

Territory. examina- reinstate- transfer 



tion. ment. 

Alabama 183 234 21 

Alaska 6 3 .... 

Arizona 12 14 i 

Arkansas 131 181 13 

California 149 237 12 

Colorado 54 82 10 

Connecticut ... 91 125 15 

Delaware 18 40 .... 

Dist. of Colum. 28 799 185 

Florida 53 68 7 

Georgia 222 325 32 

Hawaii 16 15 

Idaho 16 24 2 

Illinois 482 687 54 

Indiana 252 349 32 

Ind. Territory. 39 54 4 

Iowa 223 301 28 

Kansas 147 201 23 

Kentucky 215 280 19 

Louisiana 138 178 3 

Maine 69 108 9 

Maryland 119 377 53 

Massachusetts . 281 533 3^ 

Michigan 242 362 20 

Minnesota 175 256 18 

Mississippi 155 195 6 

Missouri 311 427 36 

Montana 24 39 5 

Nebraska 107 157 10 

Nevada 4 13 i 

N. Hampshire. 41 71 6 

New Jersey . . . 188 285 26 

New Mexico... 20 22 .... 

New York 727 i,i37 122 

North Carolina 189 273 18 

North Dakota .32 49 4 

Ohio 416 610 77 

Oklahoma 40 59 6 



40 
27 
21 
9 
29s 
16 

55 



51 
4 
53 
39 
34 
14 
12 

79 
52 
32 
28 
17 
49 

6 
26 

2 

8 
24 

8 
205 

41 
6 

94 
8 



Separa- 
tions. 

112 
I 
8 

70 
123 

46 

48 

14 
403 

30 

162 

6 

14 
295 
131 

25 

125 

77 
96 
66 
48 

145 
229 
128 
103 

78 
175 

20 

63 

10 

32 

113 

14 

497 

112 

23 
265 

25 



Net. 
appoint- 
ments 
charged. 
163 
2 
13 
132 
166 
73 
113 
35 
876 
61 
250 
9 
17 
535 
301 
37 
257 
186 

237 
129 

81 
364 
389 
286 
199 
140 
337 

30 

130 

6 

53 
222 

16 
967 
220 

36 
516 

48 



Per 
cent. 

89,071 

33-333 
108.333 
100.763 
1 1 1.409 
135183 
124,175 
194.444 
3,128.571 
1 15093 
112,613 

56.250 
106.250 
110.996 
119.444 

94,871 
115.246 
126.530 
110.232 

93478 
1 17.391 
305.S82 

138.434 
118.181 

113714 
' 90.322 
108.360 
125.000 

121,495 
150.000 
129.268 
118.085 
80.000 
133.012 
116.402 
112.500 
124.038 
120.000 



846 



THE AMERICAN GOVERNMENT. 



rhrough 


Through 


rhrough * 


separa- 


appoint- 


Per 


examina- 


- reinstate- 


transfer. 


tions. 


ments 


cent. 


tion. 


ment. 






charged. 




59 


3 


13 


31 


44 


107.317 


933 


Si 


157 


2^ 


791 


125-555 


43 




I 


18 


26 


27.368 


74 


3 


6 


31 


52 


120.930 


184 


10 


17 


57 


154 


114.925 


60 


7 


14 


37 


44 


1 10.000 


268 


30 


39 


123 


214 


105,941 


431 


23 


42 


194 


302 


99.016 


55 


3 


2 


28 


35 


114,286 


71 


7 


6 


21 


63 


185.294 


372 


54 


86 


169 


343 


185.405 


84 


7 


12 


46 


57 


107.615 


124 


12 


44 


S6 


124 


129.167 


297 


24 


26 


118 


229 


110.628 


16 




8 


6 


18 


200.000 



State or Entitled. 

Territory. 

Oregon 41 

Pennsylvania . 630 

Porto Rico ... 95 

Rhode Island 43 

South Carolina 134 

South Dakota . 40 

Tennessee .... 202 

Texas 305 

Utah 28 

Vermont 34 

Virginia ^ 185 

Washington ... 52 

West Virginia . 96 

Wisconsin .... 207 

Wyoming 9 



Totals 7,716 12,241 1,175 1,956 5,247 10,125 131,221 

Certifications will not be made of persons from states having a 
large over proportion of appointments. 

Entrance to the service is usually at the lowest salary, the higher 
salaried positions being filled by promotion. The prospects of pro- 
motion vary in different Departments. Having in mind the fact that 
appointments are usually made at the lowest salary, and that the 
higher salaries are obtainable only by promotion, competitors are 
expected to indicate in the personal-question sheet of their examina- 
tions the lowest salary they would be willmg to accept in the event of 
appointment, as the Commission will not certify an eligible for a 
vacancy paying a lower salary than he is willing to accept, as 
indicated in his examination papers. The lowest and highest 
entrance salaries paid in various positions are given in the following 

table : 

Salaries at Which Appointed. 

Kind of Examination. Minimum. Maximum. 

Acting assistant surgeon $900.00 $1,800.00 

Aid, Coast and Geodetic Survey 720.00 900.00 

Apprentice .50 320.00 

Architectural draftsman 115.00 115.00 



THE AMERICAN GOVERNMENT. 847 

Salaries at Which Appointed. 

Kind of Examination. Minimum. Maximum. 

Assistant examiner, Patent Office 1,200.00 1,200.00 

Bookbinder 

Bookkeeper, Departmental Service 480.00 1,200.00 

Bookkeeper, Isthmian Canal Service 1,200.00 1,500.00 

Civil engineer. Departmental Service 1,200.00 1,500.00 

Civil engineer and draftsman 

Civil engineer and superintendent of construction. . 1,500.00 2,400.00 

Civil engineer student 50.00 50.00 

Clerk, Departmental Service > 480.00 1,200.00 

Clerk, Isthmian Canal Service 1,200.00 1,400.00 

Clerk-draftsman 2.50 4.00 

Compositor 1,000.00 1,000.00 

Computer, Coast and Geodetic Survey 1,000.00 1,000.00 

Computer, Nautical Almanac Office 

Computer, Naval Observatory 

Computer, Supervising Architect's Office 

Copyist topographic draftsman 900.00 1,500.00 

Electrotype finisher 4.00 4.00 

Electrotype moulder 

Elevator conductor 600.00 720.00 

Engineer, Indian Service 600.00 900.00 

Engineer draftsman 1,320.00 1,800.00 

Engineering and hydrographic aid (now junior engi- 
neer, Reclamation Service) 720.00 1,200.00 

Farmer, Indian Service 600.00 900.00 

Farmer with knowledge of irrigation 600.00 720.00 

Fish culturist 600.00 720.00 

Forest assistant i,ooo.on 1,000.00 

Forest ranger 900.00 900.00 

Guard, penitentiary 720.00 720.00 

Heating and ventilating draftsman 

Hospital interne. Isthmian Canal Service 

Immigrant and Chinese inspector 

Inspector's assistant. Bureau of Animal Industry. . 

Irrigation engineer 1,200.00 

Junior architectural draftsman 

Junior engineer. Reclamation Service 

Kindergarten teacher 600.00 600.00 

Law clerk 840.00 1,000.00 

Local and assistant inspector of boilers 1,400.00 2,250.00 

Local and assistant inspector of hulls 1,400.00 2,000.00 

Matron, Indian Service 360.00 720.00 



100.00 


100.00 


4.00 


4.00 


720.00 


720.00 


1,200.00 


3,000.00 







848 THE AMERICAN GOVERNMENT. 

Salaries at Which Appointed. 
Kind of Examination. Minimum. Maximum. 

Messenger, watchman, and skilled laborer 480.00 840.00 

Naturalization inspector 

Observer, Weather Bureau 720.00 720.00 

Pharmacist 700.00 700.00 

Physician, Indian Service 900.00 1,000.00 

Press feeder .25 .25 

Pressman .50 .50 

Railway mail clerk 800.00 800.00 

Scientific assistant. Department of Agriculture 600.00 2,000.00 

Skilled laborer. (See Messenger.) 

Stenographer and typewriter 480.00 1,200.00 

Stereotyper 

Superintendent of construction 900.00 1,800.00 

Teacher, Indian Service 600.00 720.00 

Topographic aid 900.00 900.00 

Topographic draftsman 1,000.00 1,500.00 

Trained nurse, Indian Service 500.00 720.00 

Trained nurse, Isthmian Canal Service 600.00 720.00 

Veterinary Inspector, Bureau of Animal Industry. . 1,200.00 1,200.00 
Watchman. (See Messenger.) 

Wireman ; . 720.00 720.00 

Annual, monthly, per diem and per hour compensation will, of course, be 
understood by the respective size of rates of pay given. 

Transfers of employees between different departments are fre- 
quent, but, under the terms of the law cannot be made unless the 
person whose transfer is desired has been in the service of the de- 
partment from which it is desired to transfer him for at least three 
years. Transfers are asked by the head of one department, approved 
as to eligibility by the Civil Service Commission and consented to 
by the head of another department. Most of the departments have a 
rule that transfers, except in special cases, must be to the lowest 
grade in the department or office. 

Although there are 1,100 different callings, upon the federal 
payrolls, the routine work of each subdivision of the executive de- 
partments, has a general resemblance. Each department has a 
Chief Clerk, with more or less of administrative functions, besides 
his titular function of directing the operation of the subordinate 
clerks. Chief clerks are required by law to distribute the work 



THE AMERICAN GOVERNMENT. 849 

of the department among the clerical force so that there may- be an 
equal division of duty, and are also required to make a monthly report 
to the head of the department, showing arrears of work, if any, and 
the character of the performance of the clerical duties. This latter 
report, is, however, seldom made, as the responsibility for the work 
of each subdivision of the department is placed upon the chief 
clerks of divisions, who are required to so administer the clerical 
work as to prevent arrears, and to require extra work if necessary. 

Unless a person duly appointed to the government service has been 
selected for a special position, entrance to the service in most cases 
is secured as a stenographer, of the lowest grades, at nine hundred 
dollars, although in some instances, under special conditions, ap- 
pointments are made as low as seven hundred and twenty dollars a 
year, or eight hundred and forty dollars. New clerks are generally 
assigned as stenographers to persons engaged in the preparation of 
correspondence, being promoted as vacancies occur to positions in 
which they are called upon to prepare routine correspondence and 
so on through the different grades, depending upon the opportunities 
offered by the business of the office, the higher grades of clerks being 
placed in charge of some subdivision of the work requiring knowl- 
edge of departmental action, and some ability for administrative 
work. The clerical force of the Government is divided into the fol- 
lowing-named grades : 

First. Clerks of the fourth class, eighteen hundred dollars. 

Second. Qerks of the third class, sixteen hundred dollars. 

Third. Clerks of the second class, fourteen hundred dollars. 

Fourth. Clerks of the first class, twelve hundred dollars. 

Fifth. Persons employed in duties of a clerical character, sub- 
ordinate to those assigned to clerks of the first class, including 
copyists and counters, or temporarily employed to perform the 
duties of a clerk, nine hundred dollars. 

Sixth. Messengers, eight hundred and forty dollars. 

Seventh. Assistant messengers, seven hundred and twenty dollars. 

Eighth. Laborers, seven hundred and twenty dollars. 

Ninth. Watchmen, seven hundred and twenty dollars. 

It does not always follow that the clerk receiving the highest 



850 THE AMERICAN GOVERNMENT. 

salary is performing the highest or best class of work, as seniority 
in promotion is followed in a great many cases. The system of 
promotion is by no means uniform throughout the departments, 
but it is supposed to be based upon efficiency records. In many 
cases the relative efficiency is not sufficiently differentiated to over- 
come the advantages of seniority in service. Examinations for 
promotions have been tried in some departments, but have not 
generally been felt to have been successful in providing a satisfactory 
basis for promotion. The usual system is to require persons in 
charge of the different rooms or offices to make efficiency reports, 
in which character and quality of work, punctuality, attendance and 
general office habits are given due weight in making up the per- 
centages, and persons are selected for promotion in accordance with 
the mark contained in the series of efficiency records. 

In some departments, instead of the chief of the division, a com- 
mittee is provided to determine the question of efficiency. Com- 
plaints are frequently made that the matter of personal equation 
often influences decisions as to promotions, and there are 
also complaints of favoritism and of discriminations. Possibly, the 
least satisfactory aspect of the Civil Service of the United States 
is presented by the question of promotions, the present doubtful 
system, however, being to a considerable degree corrected by the 
weight of seniority in service, and by the necessity enforced by the 
moderate number of personnel in many of the executive departments 
of securing efficient results from each employee. 

The greatest portion of the work of the executive departments 
consists of preparing and caring for correspondence. To this is 
added the disbursement of money, which is superintended by a dis- 
bursing clerk who is appointed by each of the heads of the depart- 
ment, the administrative auditing of accounts and such bookkeeping 
as may be necessary to keep track of the expenditures from the 
appropriations allotted to the department. The bookkeeping under 
the Treasury Department, of course, assumes very much greater 
relative importance than in any other department, and the same is 
true of the auditing work which constitutes a considerable propor- 
tion of the entire work of the Treasury Department. Correspond- 



THE AMERICAN GOVERNMENT. 851 

■ence work includes not only letters, written to persons outside the 
Government service and to officers and employees of the departments, 
outside of Washington, but the necessary reports, memoranda and 
references between the different officers of the departments located 
in Washington. It is requisite that the entire history of a transac- 
tion shall be shown by the papers on file in regard to it, and it is 
a maxim in the departments in Washington that the poorest class of 
clerks includes those who rely upon their memories and whose 
work cannot be taken up at a moment's notice by another clerk; 
that is, nothing should be left to memory or understanding, but each 
step in the progress of a case should by properly noted, made the 
subject of a memorandum or record, so that a subsequent examina- 
tion of the papers will show every transaction in detail without the 
necessity of further examination. To secure this result, every paper 
should be press copied, and in many offices it is required also that a 
carbon copy of every paper shall be made for filing in addition to the 
press copy record. 

Most of the file systems in Washington are made up of the nar- 
row file boxes for folded papers, such folds being convenient for the 
attachment of endorsements and reference slips. There is, how- 
ever, coming into use the vertical file for unfolded papers, especially 
in the more recently established offices. Before the advent of the 
typewriter most letters were copied out in longhand in books, and, 
formerly, a considerable proportion of the clerical force was en- 
gaged in this transaction. Some offices retained this practice until 
within a comparatively recent period, but such letter books have 
now all been abandoned and replaced by the letter press copy book, 
or by loose copies. Index books instead of card index systems are, 
however, rather common among the departments, and some index 
clerks maintain their superiority to the more modern system. 

The nature of the work of clerks engaged in correspondence and 
index offices may be gathered from the foregoing. The auditing 
offices have to do with the checking up of accounts for supplies fur- 
nished, services rendered and traveling expenses incurred, some of 
the regulations in regard to which in general use are as follows: 

In addition to the per diem allowance in lieu of subsistence, ex- 
penses are confined to "actual and necessary traveling expenses" 



8S2 THE AMERICAN GOVERNMENT. 

usual and essential to the ordinary comfort of travelers, and em- 
brace the following items of expenditure : 

Fares upon railroads, steamboats, packets, or other usual modes 
of conveyance. 

Hire of special transportation, by either land or water, when 
there are no regular means of conveyance, the existence of which 
condition must be explained in each account. 

Ferriage, tolls and horse keeping, when transportation is hired. 

Street car, omnibus, or transfer-coach fare to and from rail- 
way stations and hotels, and, when there are no such conveyances, 
moderate and necessary hack hire not exceeding the legal or cus- 
tomary rates; also reasonable baggage fees to porters and express- 
men. 

Sleeping-car fare for one double berth for each person, fare 
for parlor-car seat, and fare for customary stateroom accommoda- 
tion on boats, steamers, etc. 

Porterage on sleeping cars, parlor cars, and steamboats doing 
coastwise business, not to exceed 25 cents per day. 

Fees to waiters may or may not be allowed, according to the view 
of the head of the department. 

When per diem is not allowed for subsistence actual and necessary 
expenses are allowed with a limit which is from $4 to $6 a day. 

Hotel bills must show the number of days charged for and the 
regular per diem rate for board, for lodging, or for both, as the case 
may be, together with the dates the same were furnished. No charge 
will be allowed for hotel bills incurred during a delay not required 
for the execution of the orders under which the journey is performed, 
nor for meals furnished on steamers or on other means of convey- 
ance, which are included in the charge for transportation. Charges 
for meals must be itemized by m.eal. Sub-vouchers for meals only 
are not required. 

Laundry and baths are also allowed if the travel extends over 
a week, and telegraph and telephone tolls, notary fees, stenographic 
service and other expenses depending on the nature of the service 
performed and the departmental rules. The following is a sample 
expense account: 



THE AMERICAN GOVERNMENT. 8S3 

No. of 
Date. Items. sub- Amount. 

voucher. 

1907. 
Jan. 2. Street-car fare, Washington, D. C, house to 

depot ^-^S 

Transfer of baggage, Washington, D. C, house 

to depot -^5 

Left Washington, D. C, 9 a. m., for New York, 
N. Y., via P. R. R., using Government Trans- 
portation Request No. 1004, amount, $6.50 

Parlor-car seat, Washington, D. €., to New 

York, N. Y. (Coupon herewith.) 1-25 

Parlor car porterage -^S 

Transfer of baggage, New York, N. Y., depot 

to hotel -40 

Cab in New York, N. Y., depot to hotel .25 

Jan. II. Telephone message from hotel to A. C. Com- 
pany, making an appointment with the treas- 
urer of the A. C. Company, 4 minutes -10 

Jan. 18. Livery hire, visiting A. C. Company's works, 

Brooklyn, N. Y. (See explanation.) I i-S© 

Jan. 21. Telegram to Boston, 40 words. (Copy here- 
with.) 2 .40 

Jan. 30. Transfer of baggage, New York, N. Y., hotel 

to depot, official records. (See explanation.) i.oo 

Cab in New York, N. Y., hotel to depot .25 

Railroad fare, New York, N. Y., to Washing- 
ton, D. C, via P. R. R. Arrived Washing- 
ton, D. C, 7 :3o a. m 6.50 

Sleeping car berth, New York, N. Y., to. Wash- 
ington, D. C. (Coupon herewith.) 2.00 

Jan. 31. Sleeping car porterage -25 

Transfer of baggage, Washington, D. C, depot 

to house -^S 

Cab, Washington, D. C, depot to house -25 

Livery hire, Dec. 16, 1905, suspended in Decem- 
ber voucher. (See explanation and sub- 
voucher attached.) 2.00 

Jurat fee -S^ 

Total ^'7-45 



854 THE AMERICAN GOVERNMENT. 

Government clerks are requred to work seven hours a day, ex- 
cept upon Sunday and holidays. This is a provision of law, and was 
formerly construed to allow a half-hour recess at noon for lunch, so 
that the hours were from nine in the morning until four in the 
afternoon. It was later decided that the law required seven hours of 
actual work, and the time was extended to four-thirty in the after- 
noon. 

In addition, when the work of any office is in arrears, the clerks 
may be required, under a provision of law, to work extra hours, in 
the discretion of the head of the department, to bring up the arrears, 
and can receive no extra compensation therefor. Saturday half- 
holidays are, however allowed from twelve-thirty or one o'clock 
during the months of July, August and September. All of the legal 
holidays are also allowed, and generally through the departments a 
half day before Christmas. An allowance of thirty days' annual 
leave, with pay, is provided by law, in the discretion of the head of 
the department, for the employees in the executive departments, and 
is seldom refused, although it is in the discretion of the head of 
the department, if the condition of the business requires, to refuse 
to grant leave, and it must be taken at such times as the public 
business will permit. In some of the departments, tardiness is pen- 
alized by a deduction of a certain amount of time from the annual 
leave. Leave may be taken either in single days, or in periods of a 
week or more, as the applications may be granted by the head of 
the department, who generally exercise this function through the 
chief clerk. Although the thirty days' annual leave is generally 
recognized as a right, it is not universally taken advantage of, in fact, 
it is by no means general for the clerks to secure the full time of 
thirty days, although a very large percentage secure two weeks or 
more. All unexplained absences are charged to annual leave, but 
there is a provision by which leave may be extended another thirty 
days in case of sickness. In order to have the absence charged to 
sick leave, instead of to annual leave, it is necessary to notify the 
department promptly of the case of sickness or of contagious 
disease in the family which would prevent the clerk from attending 
to his official duties without danger to others, and most of the 
departments require a physician's certificate before granting sick 



THE AMERICAN GOVERNMENT. 855 

leave. The provision as made by law referred only to special and 
meritorious cases, but the privilege has come to be recognized almost 
as a right, especially in view of the provision of law which em- 
powers the granting of annual leave notwithstanding thirty days' sick 
leave may already have been granted. Sick leave may accrue at any 
time, but annual leave in most of the departments can only be taken 
at the rate of two days and a half a month until July ist, after which 
the entire leave may be taken. It is by no means common for persons 
to take advantage of the full annual and sick leave, especially in 
more than one year. There are however, of course, such instances, 
but a liberal disposition to avail of these privileges is considered in 
connection with matters relating to promotion and reduction, and 
often proves an unprofitable tendency. 

There is, of course, for the greater proportion of the clerical 
force of the United States, a definite point at which promotion must 
stop, and from which there must inevitably be a decline if the clerk 
remains in the Government service. The number of places above 
$2,000 a year is comparatively few, namely, about seven per cent. 
The different departments vary widely with regard to the number 
of promotions made available, but under favorable conditions the 
grade of $1,200 would be reached in about three years, and of $1,800 
in eight to ten years, from the date of entrance into the service. 
This, however, refers to male clerks, the advance of female clerks 
being relatively much slower. The time during which a clerk would 
retain his position in the highest grade he has been able to attain 
would depend altogether on circumstances, but a Government clerk 
must anticipate the time when, unless he removes from the service, 
or is removed, he may be subject to reduction, perhaps ultimately to 
the lowest grade. As a matter of fact, however, such reductions are 
comparatively rare, and only follow a substantial incapacity for 
clerical labor. The term "superannuation" receives a very liberal 
construction in favor of the clerk, and while the official figures show 
a very small percentage of superannuation, it may be questioned if 
the showing is not rather due to the character of the definition of sup- 
erannuation among the persons who made up the figures from which 
this percentage was deduced than to the actual condition in the 
departments. The law specifically forbids the maintenance of a civil 



8s6 THE AMERICAN GOVERNMENT. 

pension list and also the retention of any person who is incapacitated 
for service. It is placed to the credit of the heads of depart- 
ments that they have refused to apply these provisions of law strictly 
either in the matter of removals from the service or of material re- 
duction in compensation. It is a difficult and delicate matter to deter- 
mine how far a person who has been long in the Government service 
is failing to give a proper equivalent for the compensation paid to 
him and as a rule the benefit of the doubt is given to the clerk. It 
is now proposed that legislation shall be passed to establish a compul- 
sory retiring age for Government clerks, upon a pension to be 
assured by a compulsory deduction from the salary of the clerk dur- 
ing his years of service. The difficulty lies in the very considerable 
amount which will have to be appropriated in order to provide for 
the immediate retirement of clerks who have passed the age fixed, 
and in the anticipation that Congress may be called upon at a later 
date to make still further appropriations to increase the retiring 
fund. 

In addition to the law providing for the establishment of the 
principles of the reform in the civil service Congress has enacted a 
considerable body of law relative to the clerical force, which is more 
or less observed. Thus, it is competent for the head of an executive 
department to reduce the number of clerks in the higher grades 
and to employ clerks of lower grades to a like total amount, but, of 
course, with a larger number of persons. Instances in which ad- 
vantage has been taken of this provision may be said to be compara- 
tively rare. Strict prohibition is made against the transfer of clerks 
from outside of Washington, or who may be paid from other ap- 
propriations than that providing for the clerical force of a depart- 
ment to the department in order to provide for the neglect or re- 
fusal of the Congress to increase the departmental force. No extra 
compensation can be paid to a clerk on an annual salary for extra 
services, and no additional compensation can be paid to a person re- 
ceiving over $2,500 a year without express authorization. An 
officer or clerk of a department has power to administer an oath to 
any witness called before an investigating board with which he is 
officially connected. All clerks are required to take an oath of office, 
and it is made punishable for any officer of the United States to aid 



THE AMERICAN GOVERNMENT. 857 

and assist in the prosecution of a claim against the United States 
or to be interested in any way in any contract with or sale to the 
Government. It is also provided that no clerk or official can assist 
in the collection of a claim based on business with which he had an 
official connection after he has left the service of the United States 
and for two years after he has ceased to be such an employee. 

Separation from the classified service can only be eflfected in ac- 
cordance with the following rules of the Civil Service Commission. 

1. In making removals or reductions, and in other punishments, penalties 
like in character shall be imposed for like offenses. 

2. No person shall be removed from a competitive position, except for 
such cause as will promote the efficiency of the service. When the President 
or head of an Executive Department is satisfied that an officer or employee 
in the classified service is inefficient or incapable and that the public service 
will be materially improved by his removal, such removal may be made with- 
out notice to such officer or employee, but the cause of removal shall be 
stated in writing and filed. When misconduct is committed in the view and 
presence of the President or head of an Executive Department, removal may 
be made summarily, and no statement of reasons need be filed. 

3. Where a recommendation for removal or reduction in grade or com- 
pensation of an officer or employee is made to the head of an Executive De- 
partment by a bureau chief or other subordinate officer, the said head of 
Department may, in his discretion, require that the person sought to be re- 
moved be furnished with a statement in writing of the reasons for such ac- 
tion, and be allowed a reasonable time for personally answering the same. 

4. The Civil Service Commission shall have no jurisdiction to investigate 
any removal unless it is alleged that the procedure requred bv section 2 of 
Rule XII has not been followed, or that the removal was made for political 
or religious reasons. 

THE PUBLIC PRINTER. 

The early history of Congress contains many not altogether credit- 
able chapters having to do with the printing and binding for Con- 
gress and the Executive Departments. While the departmental 
work was but a fraction of the tremendous volume it has since at- 
tained, the printing of the record of the Congressional debates in- 
volved a sufficient amount of money to make the contract a most 
desirable one, and one around which a considerable portion of 
not only Congressional politics but national politics as well, centered. 
After the adoption of the system of extended reports of the debates 



8s8 THE AMERICAN GOVERNMENT. 

of Congress, that editor or political writer who was consiaered to be 
of the greatest value and assistance to the majority was rewarded 
with the patronage incident to the public printing, and was either 
elected or allowed to name the public printer, who is one of the sub- 
ordinate officials of Congress. The unsatisfactory state of affairs 
growing out of the political aspects of the public printing as the 
total volume increased, together with the differences between the 
House and Senate arising out of the considerable and growing pat- 
ronage, brought about the establishment of the Government Print- 
ing Office, under the direction of the Public Printer appointed by 
the President by and with the iidvice and consent of the Senate. 
The control of the public printing was, however, not relinquished 
by Congress, and, while the Public Printer has adminstrative charge 
of the work and is responsible to the President as the source of the 
appointment, the Joint Committee on Printing of the Congress, con- 
sisting of three members of the Senate and three members of the 
House of Representatives, has certain statutory powers by virtue of 
which it can establish the general policies followed as to the govern- 
ment printing. These statutory provisions are in part general and in 
part specific. Thus, the Joint Committee on Printing is given power 
to prescribe such measures as may be deemed necessary to remedy 
any neglect or delay in the execution of the public printing, and, 
under this provision, the directive or advisory functions of the Com- 
mittee are considerable. During the 2nd Session of the 59th Con- 
gress, material changes were, made by the direction of the Committee 
in practices previously in effect so that a considerable reduction was 
secured in the volume of printing done. Specifically, the Joint Com- 
mittee on Printing is empowered to fix upon standards of paper 
for the different descriptions of public printing and binding, and 
the Public Printer, under the direction of the Committee, advertises 
for bids, which are opened in the presence of the Joint Com- 
mittee on Printing, and which awards contracts. Other materials, 
with the exception of a small portion of the supplies which may be 
purchased by the Public Printer in open market, must be purchased 
under the direction of the Joint Committee on Printing. 

The work performed at the Government Printing Office, 



THE AMERICAN GOVERNMENT. 859 

which is the largest establishment of its kind in the United 
States, and, probably in the world, consists of printing the 
bills, reports and documents of the Congress, together with 
the daily Congressional Record, and of printing and other- 
wise manufacturing the books, stationery and supplies of a similar 
character for the Executive Departments. An allotment is made in 
each year's appropriation bills for the printing, to a given amount, of 
each department and independent office, and in several of the de- 
partments separate printing offices are established under the direction 
of the Public Printer, and form branches of the main Government 
Printing Office. The Public Printer, as has been said, is appointed 
by the President by and with the advice and consent of the Senate ; 
he must be a practical printer and experienced in the art of book- 
binding. He receives a salary of $4,500 per annum, and is required 
to give a bond of $100,000 for the faithful performance of his duties. 
He is required to take charge of all matter which is to be printed, 
engraved, lithographed or bound, to keep an account thereof, to cause 
the work to be promptly executed, and to see that the volumes printed 
and manufactured are properly delivered to the officer authorized to 
receive them, the receipt of such officer being a sufficient voucher 
for their delivery. He is required to make an annual report to the 
Congress of the number of copies of each report and document 
printed for each department, and also of the exact cost of all printing 
work done. He is empowered, upon the report of a board of con- 
demnation, to sell obsolete and useless material, turning the proceeds 
therefrom into the Treasury. Especial penal provision is made for 
the punishment of the Public Printer who shall, by himself or through 
others, have caused or permitted the United States to sustain a loss, 
and on conviction of such malfeasance he may be imprisoned for a 
term of not more than seven years, and fined in a sum not exceeding 
$3,000. 

Provision is made by law for the appointment by the Public 
Printer of the necessary subordinates for the administration of the 
Government Printing Office, including a Chief Clerk, who is required 
to be a practical printer and who receives a salary of $2,400 per an- 
num, and a Foreman of Printing and a Foreman of Binding, who 



86o THE AMERICAN GOVERNMENT. 

are to be specially skilled in their respective trades. The Public 
Printer is authorized to employ workmen in the various branches of 
printing and other trades under his supervision, and to fix such rates 
of wages as he may deem to the interest of the Government and in 
justice to the persons employed, except that he can pay no greater 
price for composition than fifty cents per thousand ems, to pressmen 
fifty cents per hour, and forty cents per hour for time work to com- 
positors and book-binders, with 20 per cent, increase on time work 
for night service. 

He is also empowered to fix the forms and style in which the print- 
ing or binding ordered by any of the departments shall be executed. 
The Public Printer is also empowered to appoint a competent per- 
son to act as Superintendent of Documents. A certain proportion 
of the edition of each public document is set aside for sale, and the 
Superintendent of Documents is charged with the custody of these 
volumes, which he is authorized to sell at cost, which is that of the 
paper and the printing from stereotype plates. Only one copy of 
any document can be sold to one person, except to libraries or schools 
and Members of Congress. All moneys received from these sales 
are covered in directly to the Treasury, and are not made available 
for expenses of the Government Printing Office. During the session 
of Congress the Public Printer, under the direction of the Joint Com- 
mittee on Printing, issues the daily Congressional Record, and, in 
addition to the quota placed at the disposal of each Member of Con- 
gress, prints an edition for sale at a price sufficient to reimburse the 
expense of such printing. This price varies with the number of 
pages in each issue, and is printed as an advertisement in the Record. 
The amounts received for these subscriptions are covered into the 
Treasury, and the Public Printer is forbidden to make any sales on 
credit. In case of death or resignation, absence or sickness of the 
Public Printer, the Chief Clerk of the Printing Office is empowered 
to perform the duties of Public Printer until a successor is appointed 
or the absence ceases, but the President may direct any other officer 
of the Government who has been appointed by and with the advice 
and consent of the Senate, to perform the duties of Public Printer 
until a successor is appointed, except that in case of a vacancy oc- 



THE AMERICAN GOVERNMENT. 86l 

casioned by death or resignation, no temporary appointment can be 
made except during a recess of the Senate and then only for a period 
of ten days. 

THE SMITHSONIAN INSTITUTION. 

The Smithsonian Institution occupies a pecuHar position in the 
governmental activities since, while it is, to a certain extent, under 
the supervision of the Federal government, and has attached to it 
certain public institutions, it is, of itself, only a quasi-governmental 
institution, and its organization and administration follow the forms 
of a trust rather than governmental forms. It had its origin in the 
desire of James Smithson, of London, to secure for himself a perma- 
nent memorial and also to mark the hostility which he felt towards 
his native country on grounds which are not altogether clear, but 
which are said to be connected with the facts as to his birth and 
ancestry. He gave the whole of his property to the United States 
to found an establishment for the increase and diffusion of knowledge 
among men. This gift was accepted by the Congress as a trust and 
for the execution of the will of the donor, the President, the Vice- 
President, the Chief Justices and the heads of executive departments 
of the Federal government were created into a corporation by the 
name of the Smithsonian Institution, so that the institution might 
have perpetual succession and be able to exercise its powers without 
regard to the life of natural persons. The constitution of the incor- 
porators of the Smithsonian Institution as above named is that which 
is at present in effect. By the original act the Commissioner of Pat- 
ents, the Governor of the District of Columbia and such persons as 
the incorporators might add as honorary members, constituted the 
corporation. According to the present provision, the incorporators 
have no active part in its affairs. These are conducted by a board of 
Regents, composed of the Vice-President, the Chief Justice of the 
United States, three members of the Senate and three members of 
the House of Representatives, two residents of the city of Wash- 
ington, and four persons from the country at large, no two of whom 
can be residents of the same State. The members of the Senate on 
the Board of Regents are selected by the President of the Senate, 
and the members of the House by the Speaker of the House. The 
six other persons, not necessarily officials of the government, are 



862 THE AMERICAN GOVERNMENT. 

selected by joint resolution of the Senate and the House of Repre- 
sentatives. Members of the House serve on the Board of Regents 
for a term of two year's, the Senators for the remainder of the period 
of the Senatorial term in which they are appointed, that is to say, 
upon re-election to the Senate a Senator does not continue as a 
member of the Board of Regents, but must be re-selected by the 
President of the Senate in order to continue his service on the Board, 
and the term of service for the non-official members is six years. The 
Regents are required to meet in the ciiy of Washington on the occa- 
sion of the first organization and whenever a vacancy shall occur in 
the position one of the number is selected as chancellor by vote of 
the Regents. An outside person, who has always been a distinguished 
scientist, is elected by the Regents as secretary of the institution, and 
also secretary of the Board of Regents. The secretary is the execu- 
tive and directive officer of the Smithsonian Institution and of the 
governmental adjuncts to the institution. In his selection, following 
the tradition of the office, candidates are considered who have not 
only the executive qualifications required, but who are conspicuous 
in scientific work, either in some particular line or preferably who 
have won distinction m more than one branch of the natural sciences. 
While the executive work attached to the position is important, it 
can still be assigned to subordinates. The chief function of the sec- 
retary is the exercise of his ability to direct research and investiga- 
iton into new fields of scientific endeavor. The names of Henry 
and Langley themselves indicate the character of the work expected 
of and which is actually accomplished by secretaries of the Smith- 
sonian Institution. The services of the members of the Board of 
Regents are entirely gratuitous, but they are paid their necessary 
traveling and other actual expenses in attending meetings of the 
Board. Vacancies in the office of secretary may be filled temporarily 
by the chancellor by making a designation in writing, and temporary 
absences of the secretary are provided for in similar manner. 

Besides the collections in the Smithsonian Institution proper, in- 
cluding large ornithological and geological museums, together with 
other collections illustrating the work of the Institution in various 
scientific lines, the secretary of the Institution is also the director of 
the National Museum. This, although first provided for in 187^ 



THE AMERICAN GOVERNMENT. 863 

had its real start as a result of the donation of a large number of 
articles to the United States which had been exhibited at the Centen- 
nial Exposition at Philadelphia, and which has been largely added 
to, so that its collections have required the construction of another 
building now being built. He is also in charge of the North Ameri- 
can ethnological work, formerly a separate branch of the govern- 
mental work under the Ethnological Survey. The priceless collec- 
tions illustrating North American aboriginal life which were col- 
lected by the Survey are now installed in a portion of the National 
Museum and the work of developing and systematizing the results 
obtained by the former survey and by the investigations is now going 
on. In furtherance of the work established by James Smithson and 
supplementing that which the funds from his bequest make possible, 
Congress provides an annual appropriation for the exchange of 
scientific literature between the United States and the other coun- 
tries of the world. This is known as the "International Exchange," 
and is under the direction of the Secretary of the Smithsonian Insti- 
tution, although in direct charge of an assistant secretary, who ar- 
ranges for the transmission of scientific works published by the 
United States government to foreign scientific societies and govern- 
mental means of scientific Jictivity, and receives in return equivalent 
foreign scientific publications, the expense of the exchange being 
largely borne by the United States. 

Another branch of the work of the Smithsonian Institution which 
is largely assisted by the appropriations from the general govern- 
ment is the astrophysical observatory established under the direction 
of the late secretary of the Institution, Professor Langley, and this 
has for its object the study of the phenomena relating to the air, the 
physical effects of sunlight, wind currents, etc., including the prob- 
lems which grow out of aerial locomotion. 

As an adjunct to the study of zoology which, at the time of the 
establishment of the Institution, occupied a higher comparative place 
in scientific investigation than at the present time, there was estab- 
lished in a peculiarly advantageous location on the outskirts of 
the city of Washington, a zoological park. This is under the direc- 
iton of the Secretary of the Smithsonian Institution, although in 
charge of a naturalist of international fame. A large collection of 



864 THE AMERICAN GOVERNMENT. 

birds and animals is being constantly added to and constitutes a great 
attraction for visitors to Washington as well as an Important means 
of zoological study. Under the administration of the former secre- 
tary the exhaustive series of experiments and observations in the 
flight of birds was carried on here. 

The compensation of the Secretary of the Institution and of his 
assistants is fixed by the Board of Regents, who also have the power 
to remove such officers when they deem that the interests of the in- 
stitution require. Provision is made by law for the reception, ar- 
rangement and exhibition of any objects of interest and art, and 
especially those of scientific value, but it is provided that the minerals, 
books and manuscripts, and other property of James Smithson, shall 
be preserved separately and apart from other similar donations. It 
is provided that duplicate specim.ens secured by the National Museum 
may be distributed to colleges, academies and other institutions of 
learning, upon payment of the necessary cost of transportation. The 
accretion of specimens and objects of interest as contemplated by the 
founder, has been so considerable that, as previously stated, a second 
large building is now under construction for the housing of the ex- 
hibits, many of which are now stored for lack of exhibition space. 
Under the clause allowing the devise of objects of art, one consider- 
able collection of paintings, etc., has already been received as a nu- 
cleus of a national art gallery, and negotiations have been in progress 
for the reception of a great collection of the works of one of the 
foremost of modern painters. Although there is already in Wash- 
ington an art gallery of a semi-national character, it has been pro- 
posed to add to the beginnings of the art collection in the custody of 
the National Museum, so that a purely national art gallery may re- 
sult, which will be equal to similar institutions in England and on 
the continent. 

Among other provisions made by laAv for the proper administra- 
tion of the fund left by Smithson is the requirement that the Regents 
shall set apart an amount not exceeding an average of twenty-five 
thousand dollars annually for the gradual formation of a library 
composed of valuable works pertaining to all the departments of 
human knowledge. This provision was adopted contemporaneously 
with the establishment of the Institution and by subsequent arrange- 



THE AMERICAN GOVERNMENT. 86$ 

ment the collection and subsequent increases were removed to the 
Library of Congress, while at the same time all of the facilities of 
the latter library were thrown open to the Regents and officials of 
the Institution. 

The actual money paid into the United States Treasury as the 
proceeds in cash of the settlement of the estate of James Smithson 
was $541,379.63. This was, by act of Congress in accepting the 
trust, loaned to the United States at six per cent, per annum interest. 
This interest is made a perpetual appropriation for the maintenance 
and support of the Smithsonian Institution, and the Secretary of the 
Treasury is also authorized to receive sums under similar terms to 
those of the Smithson bequest until the amount shall reach one mil- 
lion dollars. Besides this, the Institution is authorized to receive 
money or other property by bequest or devise and to hold the same 
for the promotion and purposes of the Institution. 

THE INTERNATIONAL BUREAU OF THE AMERICAN REPUBLICS. 

With the exception of a portion of the English possessions north 
of the United States and England's possessions in the West Indies, 
the Federal Government is the only English-speaking governmental 
organization in the Western Hemisphere. The fact of a different 
tongue has proved a greater barrier against free intercourse with 
the other nations of North and South America than the oceans sep- 
arating those countries from Europe, so that the larger portion of 
the trade and nearly the whole of the social and intellectual inter- 
course of the other republics has been with their kindred peoples on 
another continent. A condition which has kept the United States 
almost isolated, although sufficient to itself in material and intellec- 
tual growth, appealed to a great stateman an obstacle to be re- 
moved, and as the result of his overtures and efforts for better ac- 
quaintance, an International-American conference was held in the 
city of Washington in 1890 for the purpose of endeavoring to secure 
closer relations between the Spanish and Portuguese speaking na- 
tions to the south and the United States. One of the results of this 
conference was the establishment in Washington of an International 
Bureau of the American Republics. The plan for such a bureau was 
perfected in the second International conference held in the city of 
Mexico in 1901, and while it cannot be said that startling or sensa- 



866 THE AMERICAN GOVERNMENT. 

tional results have developed from the operations of this bureau, it is 
undoubtedly true that it has carried out the purpose of its foundation 
in disseminating information as to the hitherto practically unknown 
countries to the south. The bureau is sustained by contributions 
from the various republics in accordance with their population, a 
large share of the cost, of course, being borne by the United States. 
Its governmental board consists of the diplomatic representatives in 
Washington of the various governments composing the union, and 
the Secretary of State of the United States is ex officio chairman of 
the board. The board elects a director, who has general charge of 
the execution of the work assigned to the bureau and who has a corps 
of translators, editors, etc. The main purpose of the bureau is the 
dissemination of information. To this end it is in constant corre- 
spondence with the diplomatic representatives of the Latin countries, 
both to afford information as to the United States and to secure 
information as to the other countries. A monthly bulletin in Span- 
ish and English is printed, containing commercial and other infor- 
mation of value. The bureau is the official representative of the 
annual International-American conference and is the custodian of 
the archives of the various conferences. All the publications of the 
'bureau, including its maps and geographical information, are re- 
garded as public documents in the various republics and the Union 
and are carried free in ,the mails of those republics. During its 
history at the present time the bureau occupies a rented house in 
Washington, but by the munificence of a citizen of the United States, 
provision has been made for the erection of an adequate building in 
harmony with the general plan for the governmental structures in 
Washington, and in which opportunity will be afforded for the 
housing of the Columbus Memorial Library, which was one of the 
outgrowths of the Columbus celebrations in 1892. 

THE NATIONAL HOME FOR VOLUNTEER SOLDIERS. 

Very shortly after the close of the Civil War the Congress pro- 
vided for the incorporation of a perpetual establishment for the 
care and relief of disabled volunteers of the United States Army, as 
the National Home for Disabled Volunteer Soldiers. The President, 
the Secretary of War, the Chief Justice, and such persons as may 



THE AMERICAN GOVERNMENT. 867 

be associated with them, are constituted as the corporation, to have 
perpetual succession, and with all corporate powers and responsibili- 
ties. The main establishment of the home was located at Dayton, 
Ohio, and branches have been established at Togus, Maine ; Milwau- 
kee, Wisconsin ; Hampden, Virginia ; Marion, Indiana ; Leavenworth, 
Kansas; Santa Monica, California, and Danville, Illinois. 

For the management of affairs relative to the home and its 
branches, a board of eleven managers is provided, one of whom must 
be a resident of a State West of the Rocky Mountains, and all of 
whom must be citizens of the United States and residents of States 
which furnished organized .bodies of soldiers, who served on the 
Union side in the Civil War. No two of the managers can be resi- 
dents of the same State, and no person who gave aid or countenance 
to the Confederate can ever be eligible. The members of the board 
of managers are elected by the joint resolution of Congress, and 
from time to time, as vacancies occur, for a term of six years, serv- 
ing until their successors are elected and qualified. 

In the original legislation relative to the election of boards of 
managers, it was provided that no member of Congress could be 
elected, but this provision was subsequently stricken out. The board 
of managers elects the president, who is the chief executive officer 
relative to the business of the homes, two vice-ptesidents and a 
secretary. Seven of the board, including either the president or 
one of the vice-presidents, constitute a quorum for the transaction of 
business. None of the members of the board of managers receives 
any compensation for his services, but the traveling and other actual 
expenses incurred on business of the home are paid, the exception to 
the foregoing being that the President and Secretary receive a com- 
pensation not exceeding four thousand dollars, and two thousand 
dollars, respectively, per annum. The officers of the home proper 
consist of a governor, deputy governor, secretary and treasurer, ap- 
pointed by the board of managers. Similar officers are provided 
for the branch homes, and the general treasurer of the homes has 
all the accounts and disbursements under his direction. He is re- 
quired to give a bond of not less than one hundred thousand dollars, 
directed and approved by the Secretary of War, and the Treasurers 
of the several branch homes are required to give bond to him in 



868 THE AMERICAN GOVERNMENT. 

such amounts as may be necessary to secure a proper accounting for 
the public moneys received. The board of managers are authorized 
to receive donations of money or property that may be made by any 
persons, and to hold and utilize them for the benefit of the home. 

Those who may be admitted to the Home and its branches are 
volunteer soldiers who have^served in the wars of the United States 
and who have been honorably discharged and who, by reason of age, 
disease or other disability, are incapable of earning a living. Such 
persons are admitted to the benefits of the home and branches and 
are given board and clothing during the remainder of their lives. 
The managers of the home are also authorized to give out-door relief 
to persons entitled to the benefit of the home, but such relief cannot 
exceed the average cost of maintaining an inmate of the home. All 
inmates of the home are subject to the rules and articles of war in 
the same manner as if they were in the army. Persons who are en- 
titled to admittance to the soldiers' home, but who have been granted 
entrance to a soldiers' home maintained by a State or Territory, are 
entitled to represent a payment to such State or Territory of one-half 
the cost of their support, provided the amount does not exceed one 
hundred dollars per year. When, however, the State or Territorial 
home requires a payment to itself of some portion of the soldier's 
pension, this amount must be credited to the Government as a part 
payment on the reimbursement for one-half of the soldier's support. 
Direct appropriations are made by law for the support of the home 
and its branches, and the managers of the home are required to ren- 
der a quarterly account of receipts and expenditures to the Secretary 
of War, and an annual report to Congress covering the financial and 
other operations of the home. Officers of the home and its branches 
are required to be appointed from honorably discharged soldiers, 
and so far as possible from persons who have had especially meri- 
torious military or naval service. 

THE UNITED STATES COURT FOR CHINA. 

As the result of certain disclosure relative to the procedure under 
the Chinese Consular courts, and of the growing business in that 
Empire under the treaty provisions which gave the consuls and min- 
ister of the United States certain judicial functions, provision was 



THE AMERICAN GOVERNMENT. 869 

made in 1906 for an United States Court in China which should have 
exclusive jurisdiction over such matters. The chief place of holding 
sessions of the court is in Shang^hai, but it is also provided that the 
court shall hold sessions at Canton, Tien Tsin and Hankau, and a 
session of the court is required to be held once in each year at each 
of the cities named. The court has a district attorney, clerk and 
marshal, as in the cases of other United States Courts, but it is in 
no wise under the direction of the Department of Justice, being at- 
tached to the Department of State. The consuls in China have the 
jurisdiction prescribed under the appropriate head, and the United 
States Court has supervisory control over their duties with relation 
to the property of deceased citizens of the United States in China. 

The United States Court in China is a court of appeal from con- 
sular courts in China and Korea, and has original jurisdiction in 
those matters not included within the consular jurisdiction. Appeals 
lie from the United States Court in China to the United States Circuit 
Court for the Ninth Judicial Circuit, and subsequent appeal may be 
taken from the Circuit Court to the Supreme Court, as provided in 
the usual procedure. The procedure of the United States Court in 
China is not only based upon the laws of the United States applicable 
to the court, but upon the common law and the judicial decisions of 
the courts of the United States, as well as upon the treaty provisions 
of the Conventions between the United States and China. All the 
officers of the United States Court for China are appointed by the 
President, by and with the advice and consent of the Senate, and 
receive the following salaries. Judge, eight thousand dollars a year ; 
district attorney, four thousand dollars a year; marshal and clerk, 
three thousand dollars each a year. In addition the judge and dis- 
trict attorney receive their expenses when court is held at other 
cities than Shanghai. The tenure of the office of the judge is ten 
years, unless sooner removed by the President for cause. The 
tenure of office of the other officials is in the pleasure of the Presi- 
dent. The fees of the consular courts are made applicable to the 
United States Court for China, and all fees exacted and received 
must be paid into the Treasury cf the United States. The Marshal 
and Clerk are required to furnish bonds in sums fixed by the judge, 



870 THE AMERICAN GOVERNMENT. 

and are empowered to appoint deputies at Canton and Tien Tsin, 
with the written approval of the judge. Such deputies receive com- 
pensation at the rate of five dollars for each day the court is held in. 
their respective cities. - 

COMMISSIONERS OF THE DISTRICT OF COLUMBIA. 

The District of Columbia, which is practically co-incident with the 
city of Washington, is governed by three Commissioners, who are 
appointed by the President, and the residents of Washington have 
no voice in the choice of any of the officials of the city. Two of the 
Commissioners above referred to must have been actual residents of 
the District of Columbia for three years next before their appointment 
and must have during that period claimed residence nowhere else. 
These Commissioners are appointed from civil life by the President 
and the third Commissioner is detailed by the President from the 
Engineer Corps of the Army. He must be at least of the grade of 
Captain and must have served at least fifteen years in the Engineer 
Corps. The salary of each of the Commissioners is $5,000 per year^ 
and one of the three is elected by the Board as President, the elec- 
tion taking place annually. The term of office of the Commissioners 
is three years. All matters relating to the municipal management 
are divided among the Commissioners by agreement, as they have 
practically equal powers, except, however, that the engineer Com- 
missioner is in charge of all matters v/hich in any way relate to civil 
engineer functions. The other matters, of police, sanitation, fire pro- 
tection, taxation and kindred subjects, are divided by agreement, and 
wide discretionary powers are given the Commissioners both in mat- 
ters of appointment and in undertakings for the municipal welfare. 
The legislation for the District of Columbia as well as the determina- 
tion in gross of the expenditures is effected by Congress. One-half 
of the revenues for the necessary expenditures is raised by taxation 
and one-half is appropriated by Congress ; but as a large proportion 
of the improvements requiring considerable expenditures consists of 
the buildings and grounds of the Federal government, the burden 
borne by the other taxable property of the District is practically 
equivalent to that of other cities where the entire cost of mainte- 



THE AMERICAN GOVERNMENT. 871 

nance is raised by direct taxation. The appointment of Commis- 
sioners is so arranged that one term expires in each year, but it has 
been the practice to continue the incumbents so far as practicable. 
The Commissioners do not have direct control over the school system 
of the city, which is directed by a school board, the members of 
which are appointed by one of the higher courts of the District, 



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